(Image source from: Livemint.com)
The Belgian court stated that there are no legal issues preventing the extradition of Mehul Choksi, a fleeing diamond dealer, back to India, and that the allegations against him are "serious enough to warrant it." The court mentioned that Choksi is not a citizen of Belgium but is from another country. The crimes listed by India, such as fraud, forgery, falsifying documents, and corruption, are also seen as illegal acts under Belgian law. The legal charges in India relate to specific sections of the Indian Penal Code and the Prevention of Corruption Act, both of which carry penalties of over one year in prison. The court added that Choksi might be involved in these crimes through activities linked to criminal organizations, fraud, corruption, and using fake documents – all of which are regarded as significant violations. However, it pointed out that one accusation from India regarding evidence destruction is not recognized as a crime in Belgium, so extradition cannot occur based on that charge.
The court's ruling indicated the purported offenses occurred between December 31, 2016, and January 1, 2019, and that the time limit for prosecuting these offenses has not lapsed in either country. Regarding Choksi's claim that he was supposedly kidnapped from Antigua and might face political persecution and inhumane treatment in India, the Belgian court stated it found "no solid proof" to back these claims. Although Choksi brought in expert opinions, global references, and multiple documents as his defense, the court concluded they were not directly related and did not prove any genuine personal danger. The court also rejected Choksi's statements about India's justice system lacking independence or that media attention would impede a fair trial, labeling such concerns as baseless. It affirmed that public and media curiosity in a significant financial fraud case is normal and does not violate Choksi's right to a fair trial. Referring to information shared by the Indian government, the court clarified that Choksi would be housed in Barrack Number 12 of Arthur Road Jail in Mumbai, which has a space of 46 square meters, two cells, and a private restroom.
Earlier, India assured Belgium that Choksi would only be removed from prison for medical reasons or for court appearances. On Friday, the court approved Choksi's extradition to India. However, he has the option to challenge the decision in the Belgian Supreme Court within the next 15 days. The 65-year-old fugitive diamond trader escaped India on January 2, 2018, and is being pursued by the CBI and the Enforcement Directorate for purportedly cheating the Punjab National Bank out of Rs 13,850 crore. His nephew, Nirav Modi, was also implicated in the fraud.
