Mehul Choksi’s extradition to India hangs in balance as Belgian govt says case ‘still under examination’

Four months after an Antwerp court ruled in favour of Mehul Choksi’s extradition to India, the Belgian ministry responsible for deciding his repatriation has said the matter remains “under examination”.

The fugitive diamantaire, who is wanted in India in connection with alleged bank fraud, continues to remain in custody in Antwerp as the Belgian government considers the extradition request.

“The decision issued by the Indictment Chamber of the Antwerp Court of Appeal in April was an advisory opinion and did not constitute a final decision on the extradition request. The case is still under examination. At this stage, we are unable to provide any further information or comment,” Sharon Beavis, spokesperson for Belgian Justice Minister Annelies Verlinden, said in an email to Hindustan Times.

Indian officials have questioned the delay, saying they have already presented substantial evidence against Choksi. They noted that the Antwerp court had found a legal basis for his extradition to India.

“In any extradition case, the final decision is ultimately of the government of that country. We are waiting for the Belgian government to approve his extradition,” an Indian official said on condition of anonymity.

Antwerp court backs extradition

On April 3, the Antwerp Court of Appeal issued its advice to the Belgian government on India’s extradition request for Choksi. Indian authorities have accused him of fraud, criminal conspiracy and forgery allegedly committed between December 31, 2016, and January 1, 2019.

The court also rejected Choksi’s claim that the extradition proceedings were politically motivated.

Choksi remains in Antwerp prison

Choksi, 67, has been held in a prison in Antwerp since his arrest on April 11 last year at India’s request.

Indian investigators have accused him of involvement in six bank fraud cases between 2018 and 2022, involving an estimated ₹13,000 crore.

Charges cited in extradition request

India’s extradition request cited several provisions of the Indian Penal Code, including Section 120B for criminal conspiracy, Section 201 for destruction of evidence, Section 409 for criminal breach of trust, Section 420 for cheating and Section 477A for falsification of accounts.

The request also cited Sections 7 and 13 of the Prevention of Corruption Act relating to bribery. Indian authorities argued that the alleged offences also constitute crimes in Belgium under the principle of dual criminality in the extradition treaty.

The United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption were also invoked as part of India’s extradition request.