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Mehul Choksi not a subject of political trial in India: Belgian court
The four-member Chamber of Accusation said in its judgment that two arrest warrants issued by Indian courts were “enforceable.”
New Delhi : A Belgian court of appeal while allowing Mehul Choksi’s extradition last week ruled that he is neither the subject of a “political trial” nor does he run the risk of torture or denial of justice in India, dismissing the fugitive’s argument that he was kidnapped in Antigua and Barbuda at the behest of Indian authorities in May 2021.
The four-member Chamber of Accusation (or Charging) at Antwerp’s Court of Appeals said in its judgment on October 17 that two arrest warrants issued by Indian courts --- on May 23, 2018 and June 15, 2021 based on Central Bureau of Investigation (CBI) requests --- were “enforceable” on the charges pertaining to criminal conspiracy, criminal breach of trust, fraud, embezzlement and criminal misconduct.
The court said these offences are punishable with a minimum prison sentence of one year in both India and Belgium (principle of reciprocity).
It, however, didn’t authorise the charges related to destruction of evidence brought out by India, as it is not a crime in Belgium.
Choksi, 65, was arrested by Antwerp police on April 11, based on an extradition request sent by the Central Bureau of Investigation (CBI), and has been lodged in prison since then.
“Where the person concerned (Choksi) now claims, in the conclusion that there are indications that he is the subject of a political trial, this is in no way made plausible. The offences cannot be considered to be a political, military or non-extraditable tax offence and there are no grounds to believe that the request for extradition was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality or political affiliation nor does the position of the person appear to be adversely affected for any of these reasons,” the chamber ruled.
Antwerp’s attorney general Ken Witpas told HT in an email that “the court of appeal came to her conclusions deliberating a 6-step assessment in which it was established that there is an applicable legal base between the Kingdom of Belgium and the Republic of India for the request of extradition; that the extradition of a foreigner is being requested; that the criminal facts of which Mr Choksi is being accused of by the Indian authority, are also punishable (except for one) by Belgian law (principle of reciprocity) with a prison sentence whose maximum duration exceeds one year; that there are no (Belgian nor Indian) statutes of limitations applicable; and that the facts of which Mr Choksi is criminally being accused of by the Indian authority, may lead to his extradition”.
Choksi’s lawyer Vijay Aggarwal said on Tuesday, “There was a challenge on the ground that the public prosecutors’ office infringed the principle of loyalty, by not attaching CCF (Interpol) files with the extradition request. It is that challenge which has been dismissed but all media has wrongly reported that my client’s extradition has been ordered. Still there is a long way to go”.
