Mehul Choksi is trying his best not to return to India, but Belgium has clearly instructed him to leave the country. Belgium’s highest court has delivered a major setback to fugitive diamantaire Mehul Choksi. The Court of Cassation, Belgium’s top court, has rejected his appeal against extradition to India, clearing a key legal hurdle in the PNB scam case.
The court agreed with a lower Belgian court that Choksi failed to prove his claims that he would face unfair treatment, torture, or denial of justice in India. It also imposed a cost of 104 euros on him.
Belgium’s top court made it clear that its role is limited. It does not decide whether extradition is good or bad. Instead, it only checks whether the law was followed properly by lower courts. Since the legal process was found to be correct, the appeal was dismissed.
Choksi had argued that he was at risk due to an alleged kidnapping attempt from Antigua, media trials, and concerns about a fair trial in India. He also pointed to the fact that Interpol removed his Red Notice in 2022. However, the Belgian court said these arguments were not strong enough to block extradition.
The court noted that Choksi had full opportunity to defend himself during the appeal process, and all relevant documents — including the Interpol decision — were examined by the appellate court. Even if there were minor issues earlier, his legal rights were still protected.
Importantly, the court upheld earlier orders declaring the Mumbai special court’s arrest warrants as enforceable, which brings Choksi closer to being sent back to India.
Mehul Choksi fled India in January 2018, just days before the ₹13,000 crore Punjab National Bank (PNB) scam came to light. Investigating agencies allege that ₹6,400 crore was siphoned off by Choksi alone. PNB scam, is one of India’s largest banking frauds, amounting to more than Rs 13,000 crore. It involved fraudulent issuance of Letters of Undertaking (LoUs) by officials at PNB’s Brady House branch in Mumbai, which allowed Nirav Modi and Mehul Choksi’s companies to obtain credit from overseas banks without proper collateral or approval.
India had formally sent an extradition request to Belgium in August 2024, along with assurances related to his safety, medical care, prison conditions, and human rights. Mehul Choksi was arrested on 11th of April by Antwerp police following a formal extradition request from the Central Bureau of Investigation (CBI).
Mehul Choksi had claimed that Indian jails do not have adequate facilities to take care of him, as he is suffering from severe medical issues. To counter his claims about unsafe Indian prison conditions, Indian agencies submitted photographs of Arthur Road Jail in Mumbai, where Choksi will be kept after extradition. They showed that the barrack meant for him has private toilets and basic facilities and is safe for inmates.
In a letter to the Belgian government, the Government said that if Choksi is extradited to India, he will be kept in Barrack No. 12 of Mumbai’s Arthur Road Jail. This barrack can house six prisoners per cell. The government assured that Choksi will be treated humanely and given more than 14 facilities, including proper food, water, and medical care. The date on which this communication was sent to Belgium has not been revealed.
The Antwerp court had clearly stated that Choksi would face no risk of torture, ill-treatment, or unfair trial if he is sent back to India. It also confirmed that the arrest warrants issued by a Mumbai special court in 2018 and 2021 were valid. The court said Choksi failed to give solid proof to support his claims that he would be tortured or denied justice in India. It also rejected his argument that he was being targeted for political reasons.
