Belgian Court rejects Mehul Choksi’s appeal against extradition to India

Belgium: The Supreme Court of Belgium (Court of Cassation) rejected the appeal of fugitive Indian diamantaire Mehul Choksi challenging the extradition request of India on Tuesday. Choksi was arrested by Belgian Police this year at the request of Indian authorities and the court has also announced that he must be extradited to India as there is no risk of being denied a fair trial.

Choksi, who escaped to Antigua and Barbuda in January 2018, was spotted in Belgium last year. Due to this, Indian authorities had sent an extradition request to Belgium on August 27, 2024 and it was based on arrest warrants that were issued by a special court in Mumbai.

As per the ruling of Court of Appeals in Antwerp, the arrest warrants issued by Mumbai special court in May 2018 and June 2021 as enforceable, which further triggered Choksi’s extradition. The court added that Mehul Choksi would not face any risk of being denied a fair trial or he would not face any ill-treatment if he is extradited to India.

On the basis of the evidence and facts, the Belgian court asked the Indian authorities to proceed further with their extradition policies as Mehul Choksi has no threat in his home country. Now, Choksi has challenged the ruling of the court and added that he personally faces a real, present and serious risk of being subjected to flagrant denial of justice, torture or inhuman and degrading treatment in India.

India has given a number of assurances to Belgium about Choksi's safety, the charges that he would face during trial in India, prison arrangements, human rights and medical needs.

The Court of Appeals had ruled that 66-year-old Choksi faces "no risk" of being denied a fair trial or subjected to ill-treatment if he is extradited to India.

Dismissing the appeal filed by Choksi against the district court, the Court of Appeals held that the businessman failed to provide "concretely plausible" evidence of a "genuine risk" of torture or denial of justice.

It held that the documents Choksi submitted do not substantiate his claims that he is the subject of a political trial. The order was a strong validation of India's case seeking his extradition.