Belgium's Supreme Court Dismisses Mehul Choksi's Extradition Appeal: What This Means for India
Belgium Court Upholds Extradition Request
New Delhi: The Belgian Court of Cassation has turned down the appeal from fugitive diamond trader Mehul Choksi regarding India's extradition request. The court's decision, released on Wednesday, supports a lower court's conclusion that Choksi's claims of severe injustice, torture, or inhumane treatment in India lack sufficient evidence.
The court imposed a fee of €104 on Choksi, affirming the Antwerp Court of Appeal's stance that the documents he provided did not convincingly demonstrate a significant risk of facing injustice or torture in India.
The Court of Cassation's role is not to reassess the facts or determine the fairness of extradition; rather, it ensures that legal procedures were correctly followed.
Officials noted that if the lower courts adhered to the appropriate legal standards and provided justifications, the Cassation must dismiss the appeal, regardless of any controversial outcomes.
Choksi's arguments against the Indictment Chamber's findings were based on claims of a kidnapping attempt in Antigua, opinions from the Commission for the Control of Interpol's Files (CCF), media reports, and concerns about a fair trial in India, particularly regarding the presumption of innocence.
In November 2022, the CCF had removed Choksi from the Interpol Red Notice list following his appeal. This body operates independently from Interpol's Secretariat and is composed of elected lawyers from various countries, allowing individuals to contest their fugitive status.
Choksi's assertion that the prosecutor failed to disclose CCF findings regarding his alleged kidnapping was also dismissed by the Belgian apex court.
The court emphasized that even without initial summons or submission of the CCF decision, Choksi's defense rights were sufficiently protected, as he had the opportunity to appeal.
The Indictment Chamber had full jurisdiction during the appeal, considering all documents, including the CCF's decision.
The Court of Cassation found no errors in the Indictment Chamber's conclusions, which had validated arrest warrants issued by a Mumbai special court in May 2018 and June 2021, facilitating Choksi's extradition.
The court noted that the Indictment Chamber's judgment adequately addressed and refuted Choksi's defense without needing to respond to every argument presented.
It also clarified that the legal grounds for refusal under Article 2a, paragraph 2, of the Extradition Act 1874 concerning potential torture do not apply.
The court was presided over by Filip Van Volsem, Section President Erwin Francis, and Justices Eric Van Dooren, Bruno Lietaert, and Jos Decoker.
Choksi fled India in early January 2018, just before the discovery of a ₹13,000 crore fraud involving the Punjab National Bank.
Following requests from the CBI and ED, Interpol issued a Red Notice for him in December 2018.
The CBI's chargesheet alleges that Choksi misappropriated ₹6,400 crore from the total fraud amount.
He was later located in Belgium, where he claimed to be seeking medical treatment.
India submitted an extradition request to Belgium on August 27, 2024, based on the arrest warrants from the Mumbai court.
On November 25, 2025, the public prosecutor in Antwerp initiated proceedings to enforce the Mumbai court's arrest warrants.
The Antwerp District Court's pre-trial chamber ruled on November 29, 2024, that the Mumbai court's arrest warrants against Choksi were enforceable, except for the order related to the destruction of evidence.
India has provided assurances to Belgium regarding Choksi's safety, the charges he would face during trial, prison conditions, human rights, and medical needs.