Belgian Court Clears Extradition of Mehul Choksi, Rejects Torture Claims

Key Points

Belgium’s Supreme Court, on 17 December 2025, cleared the extradition of fugitive diamantaire Mehul Choksi to India after rejecting his claims that he would face torture, inhuman treatment, and harsh prison conditions if sent back. The ruling effectively removes the last legal obstacle to Choksi’s extradition in connection with the ₹13,000 crore Punjab National Bank (PNB) fraud case.

The Court of Cassation dismissed Choksi’s appeal against an earlier order of the Antwerp Court of Appeal that had approved India’s extradition request. The court imposed costs of ₹11,000 on Choksi and held that his objections were “without substance”. It concluded that the extradition proceedings complied with Belgian law as well as European human rights standards.

Choksi, who fled India days before the PNB fraud came to light on 29 January 2018, had approached the Belgian Supreme Court in November 2025 after the Antwerp court rejected his objections. He is accused, along with his nephew Nirav Modi, of orchestrating a banking fraud involving fraudulent Letters of Undertaking issued by PNB officials to benefit their companies.

Court Addresses Choksi’s Objections

Objections Against Torture and Prison Rejected

A central plank of Choksi’s defence was that extradition to India would expose him to a real risk of torture, inhuman or degrading treatment by investigative agencies. He relied on reports by international non-governmental organisations alleging custodial violence and abusive interrogation practices in India.

The Belgian court rejected this argument, observing that such general reports could not be mechanically applied to an individual case. It held that extradition law requires proof of a “real, personal and current” risk to the individual concerned. According to the court, Choksi failed to provide specific and concrete evidence showing that he personally faced such a risk if extradited.

Choksi also raised concerns about prison conditions in India, particularly referring to reports on Delhi’s Tihar Jail. The court found that the material placed on record did not establish that Choksi would be detained under the conditions described in those reports or subjected to treatment incompatible with Article 3 of the European Convention on Human Rights.

The Court of Cassation took note of the assurances given by the Indian government regarding Choksi’s detention and treatment. India informed Belgian authorities that Choksi would be lodged at Arthur Road Jail in Mumbai, in a two-cell compound with an attached toilet. India further assured that Choksi would remain under judicial custody and not under the control of investigative agencies.

The court also dismissed Choksi’s claim that Belgian courts had failed to respond adequately to all his submissions. It reiterated that courts are not required to address every argument individually, as long as the substance of the defence has been examined.

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Objections of Fair Trial Rights Dismissed

Apart from torture and prison conditions, Choksi had raised objections relating to alleged violations of his fair trial rights and claims that he had been abducted from Antigua with the involvement of Indian authorities. He relied on a decision of the Interpol Commission for the Control of Files, which had earlier led to the withdrawal of an Interpol Red Notice against him.

The Belgian Supreme Court held that the lower court had only evaluated the evidentiary value of the Interpol decision, which was cautiously framed and expressed in conditional terms. It ruled that assessment of evidence lay within the sovereign domain of the lower court. On fair trial rights, the court noted that any procedural deficiencies at an earlier stage had been adequately remedied during appellate proceedings.

Finding no legal or factual infirmity in the extradition process, the court upheld the October 2025 ruling of the Antwerp Court of Appeal and cleared Choksi’s surrender to Indian authorities.

Lower Court Findings

The latest ruling builds on earlier decisions by Belgian courts that consistently rejected Choksi’s objections. On 17 October 2025, a four-member indictment chamber of the Antwerp Court of Appeal had held that Choksi failed to demonstrate a real and serious risk of torture, inhuman treatment, or denial of justice if extradited to India. The court had also rejected his argument that the charges against him were political or non-extraditable in nature.

Belgian courts had accepted India’s assurances on Choksi’s safety, prison arrangements, human rights protections, and medical needs. They also found no evidence to suggest that the extradition request was motivated by Choksi’s race, religion, nationality, or political opinion.

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Background of the PNB Fraud Case

Mehul Choksi and Nirav Modi are accused of defrauding Punjab National Bank of over ₹13,500 crore by using fraudulent Letters of Undertaking to obtain overseas credit. The scam came to light in early 2018, triggering investigations by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Multiple non-bailable warrants have been issued against Choksi by Indian courts, and several charge sheets have been filed.

Choksi acquired Antiguan citizenship in November 2017 and later secured a Belgian residency permit in 2023 on the basis of his wife’s Belgian citizenship. In earlier proceedings, he cited health issues, including cancer, as grounds to resist extradition.

With the Belgian Supreme Court’s decision, the final legal hurdle to Mehul Choksi’s extradition has been cleared, signaling the end of one of the country’s biggest banking fraud cases.

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