New Delhi: India is now one step closer to getting its hands on fugitive diamantaire Mehul Choksi. Dismissing his appeal against extradition to India, a Belgian court has ruled that Choksi has not cited anything to significantly support his claim that Indian judges lacked independence and his trial in India would not be fair.
The court also noted that Choksi’s documents didn’t prove he was kidnapped in Antigua and Barbuda on the orders of Indian authorities. Moreover, the court rejected his claims and submissions on ‘conditions of prisoners’ in Tihar and alleged actions of Indian police. He also questioned the independence of the Indian judicial system.
The court’s decision came Friday, the order was made public Wednesday.
Choksi still has legal options left to challenge his extradition. He can appeal to the Belgian Supreme Court within 15 days.
Choksi, a former promoter of Gitanjali Gems and uncle of another fugitive diamantaire Nirav Modi, was detained by Belgian authorities in Antwerp on 11 April on India’s request. The 65-year-old has been in Antwerp Prison since then.
He is wanted by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in connection with a Punjab National Bank loan fraud discovered in 2018.
Since December 2018, India has been trying to have Choksi extradited after Interpol issued a Red Corner against him.
While allowing his extradition, the Belgian court clarified that Choksi will not be subjected to a political trial in India, adding that his argument, based on presumption of evidence in media articles, did not prove that his trial would be unfair.
“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 court said.
The court also said that Choksi couldn’t provide substantial grounds to indicate there was any “real danger” to him or that he would be subjected to torture and inhuman treatment once in India. Choksi had submitted documents including press articles of incidents involving Indians citizens abroad, case laws in domestic and foreign courts and reports of various actions of the Indian police and situations in Indian prisons.
“However the one-to-one comparison of the situations of persons whose documents are submitted with the file of the person concerned, which is currently before us, isn’t valid. Documents have been submitted relating to Indian citizens linked to Sikh activism and detention conditions in Tihar prison, elements which don’t appear to be relevant on the basis of the extradition request,” the court noted.
Indian authorities had submitted that Choksi will be lodged in Barrack 12 of Arthur road prison, Mumbai, and also attached sketches of the barrack.
The court said that the two arrest warrants issued by an Indian court—one on 23 May 2018, and another on 15 June 2021—are “enforceable” for criminal conspiracy, criminal breach of trust, fraud, embezzlement and criminal misconduct charges except destruction of evidence.
Earlier on 29 November last year, the Chamber of the Court of First Instance of Antwerp had declared the same charges enforceable except those on destruction of evidence.
On 14 April this year, Choksi filed an appeal challenging this seeking that the order be deemed null and void claiming that Indian authorities didn’t mention in the arrest warrants and the extradition request that he is an Antiguan citizen. This was also, however, rejected by the Belgian court, which also declared the previous indictment wasn’t flawed in any manner.
(Edited by Viny Mishra)
Also read: Turning point in India’s 8-yr pursuit of Mehul Choksi as Belgian court orders fugitive’s extradition