The assurances, issued by the MHA and endorsed in consultation with the Government of Maharashtra and prison authorities, set out specific material, medical and procedural safeguards intended to address human rights concerns raised in extradition proceedings
Mehul Choksi. File Pic
Amid the process to extradite fugitive Mehul Choksi, the Ministry of Home Affairs (MHA), Government of India, has furnished a formal letter of assurance to the Ministry of Justice, Kingdom of Belgium, reported news agency ANI. The ministry has also issued a formal letter of assurance to competent Belgian judicial authorities, detailing the conditions under which the Indian businessman is wanted in the PNB fraud case. The Union Home Ministry has also issued a letter stating that he would be detained if extradited from Belgium to India.
The assurances, issued by MHA and endorsed in consultation with the Government of Maharashtra and prison authorities, set out specific material, medical and procedural safeguards intended to address human rights concerns raised in extradition proceedings, reported ANI.
The assurances were submitted in connection with India's request for Choksi's surrender in a Central Bureau of Investigation (CBI) case. Choksi is accused under various provisions of Indian law, including Section 120-B (criminal conspiracy), Sections 409, 420, 477A, and 201 of the Indian Penal Code (IPC), as well as relevant sections of the Prevention of Corruption Act (POCA), 1988.
By detailing various aspects such as specific facility, occupancy limits, medical provisions, and oversight mechanisms, the Government of India seeks to offer Belgian judicial authorities very concrete and operational guarantees that the detention of Choksi, a fugitive, will conform to accepted minimum standards, reported ANI.
The Ministry of Home Affairs (MHA) has also specified Barrack No 12 at Arthur Road Jail in Mumbai as the designated facility for Choksi's detention.
The letter outlines several binding guarantees to ensure humane and dignified treatment, reported ANI. Moreover, each detainee will be provided a minimum of three square metres of personal space, excluding furniture, in accordance with norms set by the Council of Europe's Committee for the Prevention of Torture (CPT).
While Barrack No 12 has a maximum operating capacity of six persons, at the time of reporting, the two identified cells were unoccupied and are now set to imprison fugitive Choksi.
According to the letter issued by the Ministry of Home Affairs, sleeping arrangements at the barracks include a clean, thick cotton mat (described as a mattress), pillow, bed sheet, and blanket. The letter also stated that metal or wooden beds may also be provided to the detained persons based on medical advice or court orders.
Furthermore, the cells are equipped with grilled windows, ventilators, and ceiling fans and are subject to routine cleaning, pest control, and a continuous municipal supply of drinking water. Also, the sanitation facilities include an attached toilet and a bathroom, partitioned from the living area, with a flush toilet and washbasin, as well as bathing amenities within the cell, reported ANI.
The letter further said, "Detainees will receive adequate food three times daily, with accommodations for special dietary needs subject to medical approval. A jail canteen and provisions such as fruits and basic snacks are also available. Daily outdoor exercise is permitted in an open-to-sky yard, and indoor recreation includes board games and casual badminton. The jail also offers yoga, meditation, and access to a library and reading materials."
After the letter issued by the Ministry of Home Affairs, the Belgian courts will include the Chambers of Indictment in Antwerp, where extradition proceedings are reportedly advanced. Moreover, it will assess these assurances alongside the legal and evidentiary requirements for surrender.
If the guarantees are deemed sufficient and all legal conditions for extradition are met, Choksi could be surrendered to India to stand trial in the CBI case. The terms outlined in the MHA letter will remain central to any judicial evaluation of his prospective custodial treatment, reported ANI.
(With inputs from ANI)
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