PNB scam: Mehul Choksi faces extradition to India as Belgian court rules against him
Brussels (The Uttam Hindu): Fugitive diamond merchant Mehul Choksi, the main accused in the Punjab National Bank (PNB) scam, has suffered a major setback. A Belgian court has ruled that there is no legal obstacle to Choksi's extradition to India. The court clarified that Choksi is not a Belgian citizen, but a foreign national, and the charges against him are serious enough to justify his extradition.
In the final conclusion, the court stated that Mehul Choksi is an accused in an Indian scam and that this is not a political matter. The court relied on India's assurances that he would receive a fair trial, security, adequate prison facilities, and medical care in India.
Regarding Mehul Choksi's citizenship, the court said that he did not deny that he was not a Belgian citizen, and therefore considered him a foreign national. The court found that Choksi is accused of several serious crimes in India, including conspiracy (Section 120-B), destruction of evidence (Section 201), misappropriation of public funds (Section 409), fraud (Section 420), creation of false accounts (Section 477A), and corruption-related offenses (Prevention of Corruption Act, 1988). All of these carry a punishment of more than one year.
Belgian law also defines being part of a criminal gang, fraud, embezzlement, bribery, and using forged documents as serious crimes punishable by more than a year in prison. However, the court did not approve extradition on the issue of "destruction of evidence," as it is not considered a crime in Belgium.
Choksi had argued that he was kidnapped from Antigua at India's behest. However, the court found that Choksi was unable to provide any evidence of this. The court also clearly stated that this matter is neither political, military, nor tax-related. The Indian government is not taking action against Choksi because of his caste, religion, or political views.
Choksi cited several reports alleging that Indian prisons are in poor condition and that the judiciary is not independent. The court stated that these reports pertain to other matters (such as Sikh activism, Tihar Jail, etc.). They do not prove that Choksi will face injustice or persecution in India.
India informed the court that Choksi will be held in barrack number 12 of Mumbai's Arthur Road Jail, which is 46 square meters in area and has two cells and a private toilet. He will only be released for medical treatment or court appearances, and will be under the control of the court, not the investigating agency.
The court dismissed Choksi's appeal, stating that he had not provided any evidence to suggest he would not receive a fair trial in India. The court acknowledged that media interest in major scandals is normal and cannot be considered biased.