New Delhi, Dec 18: Belgium’s highest court, the Court of Cassation, on Wednesday rejected fugitive diamantaire Mehul Choksi’s appeal against India’s extradition request, clearing the final legal hurdle for his return to face trial in the ₹13,000 crore Punjab National Bank (PNB) fraud case.
Dismissing Choksi’s plea, the court upheld the lower court’s decision approving extradition and imposed costs of €104.01 (around ₹11,000). The ruling paves the way for Indian authorities to proceed with his extradition after years of legal proceedings.
Choksi had contended that extradition would expose him to torture, custodial violence and inhuman or degrading treatment in India, citing reports by non-governmental organisations on custodial abuse. The Belgian court, however, ruled that such general reports “cannot be mechanically applied to an individual case” and held that Choksi failed to demonstrate a “real, personal and current risk” of torture or ill-treatment if extradited.
The court also dismissed Choksi’s submissions on prison conditions, including his concerns about Delhi’s Tihar Jail, stating that the material placed on record did not relate to his personal circumstances. It held there was “no basis to assume” that he would be detained under conditions incompatible with Article 3 of the European Convention on Human Rights.
Taking note of assurances submitted by India, the court recorded that Choksi would be lodged at Arthur Road Prison in Mumbai, where he would be kept in Barrack No. 12, a dedicated enclosure with attached sanitation facilities. India also assured that Choksi would remain under judicial custody and not under the control of investigative agencies.
Rejecting Choksi’s argument that Belgian courts had failed to address each of his submissions in detail, the Court of Cassation reiterated that courts are not required to respond to “every argument individually”.
Choksi, who fled India in January 2018, days before the PNB fraud was detected, is accused of playing a key role in the multi-crore banking scam. The latest ruling by Belgium’s top court now clears the path for his extradition to India.
