Fugitive Mehul Choksi moves Belgian court against extradition
Fugitive diamantaire Mehul Choksi has filed an appeal before the Belgian Supreme Court against his extradition ordered by Antwerp court
Fugitive diamantaire Mehul Choksi has filed an appeal before the Belgian Supreme Court against his extradition ordered by the Antwerp court of appeals last month based on a request by the Central Bureau of Investigation (CBI), a Belgian law officer said.
Choksi, lodged in a prison in Antwerp since his arrest in April, moved the Belgian Court of Cassation (equivalent of India’s Supreme Court) on October 30.
Antwerp’s attorney general, Ken Witpas, told HT in an email on Monday: “Last October 30th Mr. Choksi filed an appeal against the decision of October the 17th. This appeal is strictly limited to legal merits and will be judged by the Court of Cassation. During this procedure, the execution of the extradition is suspended.”
As exclusively reported by HT, while ordering his extradition, the court of appeals ruled that Choksi 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).
Indian officials are hopeful that Choksi’s appeal before the Belgian Supreme Court will also be dismissed considering robust evidence of fraud against him. “We will pursue the extradition proceedings before the Court of Cassation and provide all the evidence, debunk his false claims to ensure that he is brought back to India,” said an officer, requesting anonymity.
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.
Citing Interpol’s internal body Commission for the Control of Interpol Files’ (CCF) decision in 2022 to remove his red notice and various other documents, Choksi had claimed before the Antwerp court of appeals that he was abducted in Antigua on the instructions of India.
However, the court observed in its judgement : “It cannot be inferred from the documents supplied by the person (Choksi) concerned that he was kidnapped in Antigua on the instructions of the Indian authorities. The decision of the CCF of 12 October 2022 is inconclusive and very cautious and worded in a conditional manner.”
Citing press articles and documents related to poor conditions of Indian prisons, Choksi had claimed that he would face torture in India and won’t receive fair trial.
Rejecting this, the Antwerp court said - “Documents are being handed over from Indian citizens linked to Sikh activism, from detention conditions in Tihar prison, elements which, on the basis of the present extradition request of the person concerned, do not seem to apply.”
On his allegations of torture, the court further daid that “Choksi doesn’t provide any substantial ground to believe that there is a real risk that, following his extradition, he would face a serious risk of being subjected to torture, inhuman or degrading treatment”.
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.
