The Antwerp Court of Appeal has advised the Belgian government to approve the extradition of fugitive diamantaire Mehul Choksi to India on six of the seven charges against him, marking a significant development in the long-running Punjab National Bank fraud case.
In its April 3 recommendation, the court’s chamber of accusation stated that offences including criminal conspiracy, breach of trust, fraud, forgery of accounts, embezzlement, and criminal misconduct are punishable under Belgian law, thereby meeting the requirement of legal reciprocity for extradition.
However, the court declined to support extradition on the charge of “tampering or destroying evidence”, noting that the offence is not punishable under Belgian law.
As per Belgian procedure, the court’s confidential advice has been forwarded to the government, which will take the final decision on India’s extradition request.
The court also observed that there was no direct evidence linking the Indian government to Choksi’s alleged abduction from Antigua and Barbuda in 2021. It added that claims made by the defence regarding risks of torture, denial of justice, or inhumane treatment were not sufficiently substantiated.
The bench further noted that the charges against Choksi are neither political nor military in nature and are not barred by statutory limitations under either Indian or Belgian law. It also found no indication that he would face discrimination or unfair prosecution in India.
The ruling comes after Belgium’s Court of Cassation had earlier rejected Choksi’s appeal against extradition in connection with the ₹13,000 crore Punjab National Bank scam.
India had formally submitted its extradition request in August 2024, backed by arrest warrants issued by a Mumbai court. Belgian authorities had subsequently validated the enforceability of these warrants, except for the charge related to destruction of evidence.
The court reiterated that Choksi had failed to provide credible proof of a real risk of torture or denial of a fair trial if extradited, while also taking note of assurances given by India regarding his safety, prison conditions, and legal rights.
With the legal process largely cleared, the final decision now lies with the Belgian government, which will determine whether Choksi is extradited to face trial in India.
