First test of India-Belgium extradition treaty: Belgium court to open trial of Mehul Choksi in Rs 13,000 crore PNB fraud case

NEW DELHI: The extradition trial of fugitive businessman Mehul Choksi, wanted in India for the Rs 13,000 crore Punjab National Bank (PNB) fraud, is set to begin in a Belgian court next Monday, officials confirmed.

Belgium steps in after India’s request
Belgian federal prosecutors will lead the hearings with support from the CBI and India’s Ministry of External Affairs. Choksi, who has held Belgian residency since 2023 citing medical reasons, relocated there from Antigua and Barbuda, where he had obtained citizenship in 2017. His wife is a Belgian national.

India formally requested his extradition in January 2024, after tracing him to Belgium. Choksi was arrested in April and remains in custody after multiple courts denied him bail. This marks the first extradition case under the India-Belgium treaty signed in 2020.

Case built on dual criminality
The CBI has submitted extensive documentation, including FIRs, chargesheets and evidence summaries, arguing that offences under the IPC, criminal conspiracy, cheating, falsification of accounts, and the Prevention of Corruption Act are equally punishable in Belgium. Officials said this satisfies the principle of “dual criminality,” a cornerstone of extradition law.

India has also invoked international conventions such as the UN Convention against Transnational Organised Crime and the UN Convention against Corruption. Two open-ended arrest warrants from Mumbai courts (2018 and 2021) have been shared with Belgian authorities.

India’s assurances
Anticipating human rights concerns, India has assured Belgian courts of proper conditions at Mumbai’s Arthur Road Prison, where Choksi would be lodged. Authorities detailed facilities available to rule out custodial torture or inhumane treatment.

Choksi, who fled India on January 4, 2018, just days before the PNB fraud came to light, has contested attempts to revoke his Antiguan citizenship. Officials, however, maintain that he remains an Indian citizen since he never completed the formal renunciation process.

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