A Belgian court has approved the extradition of Mehul Choksi to India. Choksi faces serious charges including the Punjab National Bank scam, money laundering, fraudulent guarantees, and stock market fraud. The court rejected his claim of political persecution.
Belgian Court: Most legal hurdles in the path of extraditing fugitive businessman Mehul Choksi to India have now been removed. The Belgian court, in its order, clearly stated that 66-year-old Mehul Choksi is a foreign national for extradition to India and there is no legal impediment to his extradition. The court also acknowledged that the charges against Choksi are serious and India's arguments in this case are reasonable.
History of Citizenship Dispute
Mehul Choksi's citizenship has long been a subject of dispute. Choksi claims that he renounced his Indian citizenship on December 14, 2018, after acquiring Antiguan citizenship in November 2017. Despite this, India has consistently argued that Choksi is an Indian citizen and can therefore be extradited to India. The case sent by India against Choksi includes serious crimes such as fraud, forgery, and corruption.
Charges Leveled Against Choksi
The Government of India has leveled charges of various serious offenses against Choksi. These include:
- Criminal Conspiracy (Section 120-B)
- Causing disappearance of evidence (Section 201)
- Criminal Breach of Trust by Public Servant, or by Banker, Merchant or Agent (Section 409)
- Cheating and Dishonestly Inducing Delivery of Property (Section 420)
- Falsification of Accounts (Section 477A)
- Offenses related to Corruption (Prevention of Corruption Act, 1988)
The penalty for all these offenses is more than one year in prison. These charges are significant under the ongoing investigation and prosecution in India.
Belgian Law
According to Belgian law, being part of a criminal gang, fraud, embezzlement, bribery, forgery, and the use of false documents fall under the category of crimes. The penalty for these offenses in Belgium is more than one year in prison. However, causing disappearance of evidence (Section 201, IPC) is not considered a crime in Belgium. Therefore, extradition was not approved for this specific offense.
What the Court Stated
The Belgian court clarified in its order that the alleged offenses occurred between December 31, 2016, and January 1, 2019. The court rejected Choksi's claims that he was forcibly brought to India from Antigua and that he faces political persecution or inhumane treatment. The court stated that there is no concrete evidence to support these claims. The court also noted that this case is not political, military, or tax-related. India has not taken action against Choksi due to any caste, religion, or political views.
Information Provided by India to Belgium
India informed the Belgian court that Choksi would be held in Mumbai's Arthur Road Jail. He will be kept in Barrack No. 12, which covers an area of 46 square meters and includes two cells and a private toilet. He will only be brought out for court appearances and medical requirements. His control will remain with the court, not with the investigative agency.
Belgian Court's Final Decision
The Belgian court stated in its order that Choksi is accused in India's Punjab National Bank scam. It is not a political case, and he will receive a fair trial and protection in India. The court also accepted India's confirmation regarding the jail and medical arrangements.
Key Allegations Against Mehul Choksi
Mehul Choksi faces several serious charges that are pending in India. Key among them are:
- Punjab National Bank Scam: Choksi is accused of defrauding PNB of over 13,850 crore rupees in collaboration with bank officials.
- Money Laundering: Choksi engaged in money laundering and fraudulent transactions.
- Fraudulent Guarantees: Fake guarantees were issued with the cooperation of PNB officials.
- Stock Market Fraud: The Securities and Exchange Board of India (SEBI) banned him from the capital markets for 10 years.
- Sale of Counterfeit Diamonds: Choksi is accused of selling fake diamonds as genuine.
- Loans from Foreign Banks Without Security: He took unsecured loans from foreign banks and laundered money through shell companies.
