Belgian court clears way for Mehul Choksi’s return

A Belgian court has ruled that fugitive businessman Mehul Choksi is not at risk of an unfair trial or torture if extradited to India, rejecting his claims of political persecution and ill-treatment. This marks a significant step in India’s efforts to bring Choksi back to face charges related to one of the country’s largest banking frauds.

The Court of Appeals in Antwerp, comprising a four-member indictment chamber, upheld an earlier order from November 29, 2024, by the Antwerp district court authorising Choksi’s extradition. The district court had deemed as enforceable the arrest warrants issued by a Mumbai Special Court in May 2018 and June 2021. However, the court did not accept a third warrant linked to alleged disappearance of evidence.

The court found no credible evidence supporting Choksi’s assertions that he is subject to a politically motivated trial in India. It emphasised that the burden lies with the accused to prove a genuine risk of ill-treatment following extradition and that Choksi failed to meet this standard.

Rejecting his claims that Indian authorities orchestrated his kidnapping from Antigua and Barbuda and subjected him to torture in Dominica, the court noted that the submitted documents did not support the allegations.

Choksi is wanted in connection with a Rs 13,000 crore (approximately $1.6 billion) fraud at Punjab National Bank (PNB), allegedly masterminded alongside his nephew Nirav Modi, who is currently imprisoned in London and facing extradition proceedings.