In a letter of assurance to the Belgium, the Ministry of Home Affairs (MHA) has given detailed specifications on facilities under which economic fugitive Mehul Choksi would be detained if he is extradited in connection with the Punjab National Bank fraud case.
The MHA has assured that Choksi will be kept in a cell of three square meters of personal space at the Barrack no 12, Arthur Road Jail complex in Mumbai. Barrack No 12 is separate from the general prison complex and hence there is no question of overcrowding, violence and extortion. The two-cell barrack, with a six-person capacity, is currently unoccupied. The facility provides sleeping arrangements including cotton mats, pillows, sheets and blankets with beds available on medical recommendation. The cells feature ventilation, fans, regular cleaning, continuous water supply and attached sanitation facilities with flush toilets and wash basins.
By detailing the specific facility, occupancy limits, medical provisions and oversight mechanisms, the Government of India seeks to offer Belgian judicial authorities guarantees that Choksi's detention will conform to accepted minimum standards.
In its letter, the MHA has set out specific material, medical and procedural safeguards intended to address human rights concerns raised during the extradition proceedings in Belgium, where Choksi is under detention.
“Medical care is provided through a 24x7 facility staffed by six medical officers, nursing orderlies, pharmacists and laboratory support,” it said.
The MHA also assured that Choksi's pre-existing medical reports “will be considered and necessary equipment and therapies will be provided free of cost based on medical advice”.
The MHA characterised the assurance as a sovereign commitment, made in consultation with the state Government and prison authorities, and asserted that it cannot be overridden by administrative or judicial discretion under Indian law.
Oversight mechanisms at the Barrack include prison administration monitoring, inspections by the National and State Human Rights Commissions (NHRC, SHRC), and judicial supervision. Channels for complaints and remedial action in cases of substantiated mistreatment are also outlined.
“The assurances were submitted in connection with India's request for the surrender of Mehul Choksi in a Central Bureau of Investigation (CBI) case. Choksi is accused under various provisions of the Indian Penal Code (IPC) and relevant sections of the Prevention of Corruption Act (POCA), 1988,” a senior official said.
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. Choksi was arrested in Belgium in April this year following a formal request from Indian authorities.
He and his nephew, Nirav Modi, are the primary accused in the PNB fraud case involving fraudulent transactions of over Rs 13,000 crore.