Belgian Court dismisses Mehul Choksi's claims of political bias and abduction, finds offences extraditable

Fugitive Mehul Choksi. File pic

Paving the way to extradite Indian fugitive Mehul Choksi, the Antwerp Court of Appeal has found that the offences attributed to fugitive diamond traders are extraditable under both Indian and Belgian law.

The consideration accepted by the Belgian court has made the way clear for Choksi's return to India. The fugitive Indian diamond trader, after being extradited from Belgium, will face trial in the Punjab National Bank (PNB) fraud case.

As reported by news agency ANI, in its detailed judgement, the Belgian court observed that the offences shall be punishable under Indian law by virtue of Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code (IPC). Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each carrying a sentence of more than one year.

The Antwerp Court of Appeal further ruled that the conduct alleged against Choksi for criminal organisation, swindle, embezzlement, and forgery is also punishable under Belgian law, under Articles 66, 196, 197, 213, 240, 241, 245, 246, 247 SSSS2-4, 324a-b, and 496 of the Belgian Criminal Code, satisfying the principle of dual criminality required for extradition.

However, the foreign court did exclude one charge that was applied to Mehul Choksi, causing the disappearance of evidence under Section 201 IPC, stating that this offence is not recognised under Belgian law and therefore cannot be part of the enforceable declaration.

The judgement further clarified that the alleged acts occurred in India between December 31, 2016, and January 1, 2019, and that prosecution is not time-barred under either Indian or Belgian law.

The Antwerp court, while rejecting Choksi's arguments, stated that the extradition request was politically motivated or violated his fundamental rights. It further stated that the alleged offences "cannot be considered political, military or non-extraditable tax offences", and that "there are no grounds to believe that the request was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality, or political affiliation."

The Belgian court also dismissed Choksi's long-standing claim that he was kidnapped from Antigua on India's instructions, noting that "it cannot be inferred from the documents supplied by the person concerned that he was kidnapped in Antigua on the instructions of the Indian authorities," as per PTI.

The court found that the INTERPOL Commission for the Control of Files (CCF) decision dated 12 October 2022 was "inconclusive and cautious". The expert reports submitted by Prof. Dr F. Tulkens, Sir K. Jones, and E. Fitzgerald KC did not alter the findings, reported PTI.

The court observed that Choksi's defence had submitted a "huge collection" of documents, including press articles, case law, and NGO reports about Indian prisons, but found that none of them established a real or present risk of ill-treatment or denial of justice. It said comparisons with cases of Sikh activists or prisoners in Tihar Jail were "not applicable" to Choksi's situation.

The ruling stated that, "The documentation provided by the person concerned is not sufficient to establish in concrete terms that he personally runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment in the requesting State," as stated by news agency PTI.

The court further concluded that Choksi had provided no credible evidence to suggest that he would be denied medical care or fair treatment in India.

(With inputs from PTI)