What's next for Mehul Choksi as Belgium court clears fugitive diamantaire's extradition to India?

Mehul Choksi is wanted for a ₹13,000 crore bank fraud. The Antwerp court deemed his arrest valid based on India's extradition request.

In a significant step toward bringing back fugitive diamantaire Mehul Choksi, a court in Antwerp, Belgium, on Friday rejected his appeal against extradition, moving India closer to securing his return.

Fugitive diamantaire Mehul Choksi being taken in a wheelchair to a court by police after his arrest, in Roseau, Dominica, on June 4, 2021. (AP file)

The Antwerp court termed his arrest by the Belgian authorities based on India’s request as valid, according to people familiar with the development, HT reported earlier.

In September, the Court of Appeals in Antwerp heard the appeal of Mehul Choksi, who was arrested in that country on April 11 on the basis of extradition request sent by the Central Bureau of Investigaton.

The court order gave a major jolt to the fugitive businessman wanted for a ₹13,000 crore bank fraud in the Punjab National Bank orchestrated in collusion with his nephew Nirav Modi, who is also facing extradition proceedings and is presently lodged in a London prison.

Of the total ₹13,000 crore, Choksi alone siphoned off ₹6,400 crore, the CBI alleged in its chargesheet.

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.

What's next for Mehul Choksi?

Mehul 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”.

(With inputs from Neeraj Chauhan in New Delhi)