Belgian court clears way for Mehul Choksi’s extradition to India, upholds arrest

A Belgian court in Antwerp has approved the extradition of fugitive diamond trader Mehul Choksi to India, ruling that his arrest by Belgian authorities earlier this year was valid.

However, Choksi can still appeal the decision in a higher court, meaning he will not be immediately sent to India. Officials called the ruling a key first step in the extradition process.

Arrest and Detention

Choksi was arrested by Antwerp police on April 11, 2025, following a formal extradition request from India. Since then, he has been in Belgian custody, with multiple bail applications denied on the grounds that he posed a flight risk.

Court Findings

During the hearing, the Belgian prosecution representing India and Choksi’s legal team presented their arguments. The court found that the offences Choksi faces in India—including criminal conspiracy, cheating, criminal breach of trust, destruction of evidence, and corruption—are also punishable under Belgian law. This satisfies the “dual criminality” requirement under international extradition treaties.

India has charged Choksi under several sections of the Indian Penal Code, including:

• 120B: Criminal conspiracy
• 201: Causing disappearance of evidence
• 409: Criminal breach of trust
• 420: Cheating
• 477A: Falsifying documents

Additionally, charges include Sections 7 and 13 of the Prevention of Corruption Act.

India cited international agreements, such as the UN Convention Against Corruption (UNCAC) and the UN Convention Against Transnational Organized Crime (UNTOC), both ratified by Belgium. The CBI has visited Belgium three times to submit evidence and engaged a European law firm to assist in the process.

Conditions for Extradition

Belgium has been assured that Choksi will be held under humane conditions in India if extradited. He is set to be lodged in Barrack No. 12 of Mumbai’s Arthur Road Jail, which meets European human rights standards. The cell will provide access to clean water, food, newspapers, television, and medical care, and he will not be placed in solitary confinement.

Citizenship and Background

India maintains that Choksi remains an Indian citizen, disputing his claim of having renounced it in December 2018 after acquiring Antigua and Barbuda citizenship in November 2017.

Choksi is wanted in India in connection with the ₹13,000 crore Punjab National Bank (PNB) fraud case, one of India’s largest banking scams. He is accused of fraud, criminal conspiracy, and money laundering between 2011 and 2018 before fleeing the country.