Belgian court clears Mehul Choksi’s extradition

AN Antwerp margaret court has ordered fleer diamantaire Mehul Choksi’s extradition to republic of republic of india and termed his check by the Belgian authorities based on India’s request as valid, a development which brings New Delhi a step closer to bringing him back, people familiar with the development said.To be sure, Choksi still has an option to appeal against the decision in a higher court, according to an officer familiar with the matter, who added “this means he may not come immediately but the first and a very important stage is cleared”.The Antwerp court heard both sides, Belgian prosecutors (on behalf of India) and Choksi, on Friday and ruled that his arrest and India’s extradition request was valid.A Central Bureau of Investigation (CBI) official confirmed the development, saying it marks “India’s first successful step in the ongoing extradition proceedings against Choksi”. “The Court of Appeals in Antwerp, Belgium...issued a preliminary judgment on Friday, rejecting Mehul Choksi’s appeal against extradition. He may now appeal against the order before the Belgian Supreme Court in the next 15 days,” said the official, requesting anonymity.Choksi, 65, was arrested by Antwerp police on April 11, based on an extradition request sent by CBI, and has been lodged in prison there for over four months. His repeated attempts to secure bail from different courts in Belgium have failed.His extradition was sought under Indian Penal Code (IPC) sections 120 B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating), 477A (falsification of accounts), and sections 7 and 13 (bribery) of the Prevention of Corruption Act; which are crimes in Belgium as well under the dual criminality clause of the extradition treaty. The United Nations Convention against Transnational Organized Crime (UNTOC) and United Nations Convention against Corruption (UNCAC) were also invoked in the extradition request.During the extradition proceedings in Belgian courts, for which CBI sent its team at least thrice and also hired a private European law firm, India presented evidence of fraud and diversion of funds by Choksi and his repeated attempts to evade the legal process.The Indian government also assured Belgium that Choksi, if extradited to India, will be held at the Barrack no 12 at Arthur Road Jail in Mumbai, which conforms to the European CPT (Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment), will be provided all facilities, including clean drinking water, adequate food and medical facilities, access to newspapers and TV, choice of treatment from a private doctor and will not face solitary confinement.It was also stated that he continues to be an Indian citizen wanted in connection with a fraud of over $ 950 million, and his claim of being an Antiguan national is disputed.Choksi has argued before Belgian courts that he surrendered his Indian citizenship on December 14, 2018, after acquiring the citizenship of Antigua and Barbuda on November 16, 2017.Indian investigators have submitted documentary evidence to the prosecutors in Belgium against Choksi in six bank frauds allegedly committed by him between 2018 and 2022 involving amounts totalling nearly ₹13,000 crore and the court is already convinced that there is prima facie fear of him fleeing from Belgium.He was tracked by CBI to Belgium in July last year after which the agency approached the Belgian government with a formal extradition request.