Fugitive diamantaire Mehul Choksi, accused of defrauding Indian banks of nearly ₹13,000 crore, faced a crucial hearing on his extradition in a Belgian court on Friday. Despite detailed submissions by Indian authorities, the Antwerp court did not offer any immediate relief, and the matter has now been adjourned until September. Mehul Choksi, who was arrested in Belgium in April, remains in custody as Indian agencies continue their pursuit to bring him back.
Arguments and Evidence Presented
Mehul Choksi, who fled India in January 2018, is facing multiple charges of fraud, including siphoning off ₹6,097 crore from Punjab National Bank alone. In total, the Central Bureau of Investigation (CBI) has built a case involving six bank frauds committed by him between 2018 and 2022, amounting to nearly ₹13,000 crore. At Friday’s hearing, the prosecution submitted a comprehensive set of documentary evidence, highlighting his financial misconduct and pattern of evasion.
Indian officials argued that Mehul Choksi is a habitual offender who has used legal loopholes and international protections to evade extradition. They cited previous instances in the United States and Antigua and Barbuda, where he either resisted or delayed extradition proceedings. An officer familiar with the matter said that the court is already convinced there’s a prima facie risk of flight, given Choksi’s history.
Legal Grounds and Extradition Treaty
The Indian extradition request is grounded in several sections of the Indian Penal Code, including those relating to criminal conspiracy, cheating, destruction of evidence, and falsification of accounts. Additionally, provisions from the Prevention of Corruption Act and two United Nations conventions — the UN Convention against Transnational Organized Crime (UNTOC) and the UN Convention against Corruption (UNCAC) — were invoked to strengthen India’s legal case.
The Belgian government, after examining the request at multiple levels, agreed to initiate action based on the 1901 extradition treaty with India, citing the principle of “dual criminality” — a key criterion under international law for such proceedings. The treaty ensures that actions considered crimes in both countries can be grounds for extradition.
Mehul Choksi, who now holds citizenship of Antigua and Barbuda, has been evading both the CBI and the Enforcement Directorate (ED) since he fled India. The ED is conducting a parallel investigation into money laundering charges against him. His location in Belgium was traced in July last year, prompting Indian authorities to formally engage the Belgian government for his extradition.
