Belgian court backs extradition, Mehul Choksi seeking asylum

NEw new delhi: In a important advance for amerindic agencies in the extradition caseful against Mehul Choksi, an Antwerp court of appeal has ruled that there is a valid legal basis to extradite the fugitive diamantaire to India, while rejecting his allegations that the Indian government abducted him in Antigua and Barbuda in 2021. Choksi is also understood to have applied for asylum in Belgium, anticipating an adverse outcome, people familiar with the matter said.The chamber of accusation, part of the Antwerp court of appeal, rendered its advice to the Belgian ministry of justice on April 3, concurring with charges of fraud, criminal conspiracy and forgery against Choksi. However, it excluded the charge of destruction of evidence, noting that the offence is not punishable under Belgian law.Confirming the development, Antwerp’s attorney general, Ken Witpas, told HT: “Last Friday, on April 3, the Chamber of Accusation, part of the Antwerp Court of Appeal, rendered an advice towards the Belgian government concerning the request made by the Indian authorities for the extradition of Mehul Choksi, based on the allegation of committed the following crimes between December 31, 2016 and January 1, 2019 in India”.In its advice, Witpas said the chamber found “there is an an applicable legal base for extradition between the Kingdom of Belgium and the Republic of India”, adding that offences including criminal conspiracy, criminal breach of trust, forgery and corruption-related charges are also punishable under Belgian law, satisfying the requirement of reciprocity.The court also ruled that the indictment is “not restricted by statutory limits, nor by Belgian nor by Indian law”, and rejected Choksi’s claim that the case amounted to a political witch-hunt. The alleged offences, it said, “cannot be considered as a political, military nor as an excluded fiscal offence”.Addressing Choksi’s claims of abduction and risk of ill-treatment, the court observed that “the defense of Choksi made it plausible that he was taken against his will on May 23, 2021 from Antigua to Dominica”, but found “no immediate and direct proof” of the Indian government’s involvement. It also did not accept his arguments regarding the risk of denial of justice, unfair trial, torture or inhuman treatment, including prison conditions.“Based on these considerations the ‘chamber of accusation’ rendered therefore a positive advice for extradition with a reservation concerning the extradition of Mehul Choksi…” Witpas said.The court’s decision is confidential and non-binding on the Belgian government, with the final decision resting with justice minister Annelies Verlinden. The order, initially expected on March 20, was delayed to April 3.Responding to HT’s queries, Belgium’s federal justice ministry said the case is currently under analysis and that the minister’s final decision will be communicated to the parties involved “within a reasonable timeframe”. It declined further comment, citing the ongoing nature of the proceedings.Indian agencies have also received informal indications that Choksi has applied for asylum, though such applications are confidential and may not be officially confirmed until a decision is taken. HT reached out to Choksi’s lawyers but received no response.Choksi, 65, has been held in a prison in Antwerp since his arrest on April 11 last year at India’s request. Indian investigators have accused him of orchestrating six bank frauds between 2018 and 2022 involving nearly ₹13,000 crore.//OPTIONAL TRIM FOR PRINT//His extradition has been sought under sections 120B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating) and 477A (falsification of accounts) of the Indian Penal Code, along with sections 7 and 13 (bribery) of the Prevention of Corruption Act. These offences are also punishable in Belgium under the principle of dual criminality. The extradition request also invokes the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC).The Indian government has assured Belgium that, if extradited, Choksi will be held in Barrack No. 12 of Mumbai’s Arthur Road Jail, which meets standards set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Authorities have also said he will have access to clean drinking water, adequate food and medical care, newspapers and television, the option of treatment from a private doctor, and will not be subjected to solitary confinement.In December last year, Belgium’s Supreme Court rejected Choksi’s appeal against his arrest, ruling that his claims of facing a political trial in India, as well as allegations that he was abducted in Antigua and Barbuda in 2021 at India’s behest and could face torture, were not “factual”.In December 2025, the Serious Fraud Investigation Office (SFIO) filed a prosecution complaint against Choksi, his wife Priti Choksi, and others as part of a probe into his companies. The complaint details alleged financial irregularities and the roles of various accused who allegedly helped him build his business empire before he fled India in 2017.The Enforcement Directorate has also decided to initiate action against Choksi’s son Rohan in the case.