Belgium’s top court rejects Mehul Choksi appeal, clears way for extradition to India

Belgium’s highest judicial authority, the Court of Cassation, has dismissed fugitive diamond merchant Mehul Choksi’s appeal challenging India’s extradition request. The court affirmed a lower tribunal’s ruling that Choksi’s allegations of facing systemic injustice, torture, or degrading treatment in India lacked substantiation, according to legal documents released Wednesday.

Imposing litigation costs of €104 on Choksi, the apex court validated the Antwerp Court of Appeal’s earlier determination that the businessman failed to provide credible evidence demonstrating concrete risks of judicial inequity or human rights violations upon extradition to India.

The Court of Cassation clarified that its mandate focuses solely on reviewing legal application and procedural adherence rather than reassessing evidentiary matters or the merits of extradition decisions. Judicial authorities emphasized that appeals must be rejected if lower courts followed due process, even when outcomes prove contentious.

Court records reveal Choksi’s defense relied on multiple arguments: an alleged abduction attempt in Antigua and Barbuda, media scrutiny potentially prejudicing trial proceedings, and the 2022 removal of his Interpol Red Notice by the Commission for Control of Files (CCF). The CCF operates independently from Interpol’s executive body to adjudicate challenges against international warrants.

Belgium’s highest court rejected Choksi’s assertion that prosecutors concealed CCF findings regarding the Antiguan incident during initial extradition hearings. The bench observed that appellate safeguards allowed comprehensive re-examination of all evidence, including the CCF decision, rendering procedural irregularities in lower courts legally inconsequential.

The ruling confirmed the judicial validity of Indian arrest warrants sanctioned by Antwerp’s Indictment Chamber in November 2024. This decision clears major procedural hurdles for Choksi’s potential extradition to face charges in Mumbai’s special court.

In its Dutch-language verdict, the tribunal cited adequate legal justification for dismissing claims under Belgium’s Extradition Act regarding torture risks. The bench, comprising Justices Van Volsem, Francis, Van Dooren, Lietaert, and Decoker, noted the Indictment Chamber comprehensively addressed all substantive objections without requiring exhaustive rebuttals of subsidiary arguments.

Choksi absconded from India days before the ₹13,000 crore Punjab National Bank fraud surfaced in January 2018. Enforcement agencies allege his involvement in siphoning ₹6,400 crore through fraudulent transactions. After being located in Belgium where he reportedly sought medical care, India formally submitted its extradition request in August 2024.

Antwerp prosecutors initiated enforcement proceedings on November 25, 2025, securing judicial approval for Mumbai court warrants excepting one charge related to evidence tampering. Indian authorities have provided multiple diplomatic assurances regarding Choksi’s legal protections, incarceration conditions, and medical care if extradited.

Published on December 18, 2025