No Concrete Evidence of Choksi’s Kidnapping From Antigua: Belgian Court 

A Belgian court has ruled that there is no proper evidence to prove that fugitive diamantaire Mehul Choksi was kidnapped in Antigua in May 2021 on the instructions of Indian authorities. Choksi, the main accused in the fraud involving Punjab National Bank faces “no risk” of being denied a fair trial or subjected to ill-treatment if extradited to India, as per the judgement of the court.

The court with a four-member indictment chamber at the Court of Appeals in Antwerp said that they found no evidence and India has no legal barrier and the charges against him are serious enough to justify it.

The court added that Choksi is not a Belgian citizen but a foreign national. It noted that the offences cited by India - including fraud, forgery, document falsification, and corruption - are also considered crimes under Belgian law. The cases registered in India fall under sections 120B, 201, 409, 420, and 477A of the Indian Penal Code (IPC), as well as sections of the Prevention of Corruption Act, all of which carry imprisonment of more than one year.

The court further noted that Choksi's role in these offences could involve participation in a criminal gang, fraud, corruption, and the use of forged documents - all considered serious offences. However, it clarified that one of the charges from India - the destruction of evidence (IPC Section 201) - is not recognised as a crime under Belgian law, and so the extradition cannot be granted on that specific count.

The Belgian court observed that the alleged crime occurred between December 31, 2016 and January 1, 2019, and concluded that the statute of limitations remains valid in both India and Belgium.

Choksi’s claim that he was abducted from Antigua and now faces political persecution or inhumane treatment in India was also rejected. The judges stated that there was “no concrete evidence” to support these allegations. Although Choksi submitted expert opinions, international references, and several documents, the court held that none of them demonstrated any real or personal risk to him.

The court further dismissed his assertions regarding a lack of judicial independence in India or that media coverage would prevent him from receiving a fair trial. It held that public interest and extensive reporting in a major financial fraud case are natural and do not amount to a violation of due process.

Based on information submitted by the Indian authorities, the court noted that if extradited, Choksi would be housed in Barrack Number 12 of Mumbai’s Arthur Road Jail, which consists of two cells, a private toilet, and an approximately 46-square-metre enclosure. India has also assured Belgium that Choksi will only be taken out of prison for medical care or court appearances.

Choksi’s extradition was approved by the court on Friday. He still has the right to appeal the ruling before the Belgian Supreme Court within the next 15 days.

The 65-year-old diamond businessman fled India on January 2, 2018, and is wanted by the CBI and Enforcement Directorate (ED) for allegedly defrauding Punjab National Bank of ₹13,850 crore. His nephew, Nirav Modi, is also a co-accused in the case.