Mehul Choksi Extradition: India Sends Rights Assurances to Belgium Government

Mehul Choksi Extradition: Centre Provides Detailed Human Rights Safeguards to Belgium Government in PNB Fraud Case

The Indian government has taken a major step forward in the Mehul Choksi extradition case by sending formal assurances to Belgium regarding his detention and treatment if extradited to India. The Ministry of Home Affairs (MHA), in coordination with the Maharashtra government, issued a detailed letter to Belgium’s Ministry of Justice to address human rights concerns that were raised during the proceedings. This development marks a crucial stage in bringing the fugitive diamantaire, accused in the multi-crore Punjab National Bank (PNB) fraud case, back to India.

Choksi, who was arrested in Belgium in April 2025 following India’s formal request, has been contesting extradition on grounds of deteriorating health and fears of political victimisation. Alongside his nephew Nirav Modi, he is accused of orchestrating fraudulent transactions that caused one of the biggest banking scams in Indian history. Beyond this high-profile case, Choksi also faces multiple other investigations linked to alleged bank frauds across the country.

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In the letter dated September 4, 2025, the MHA assured that Choksi would be housed in Barrack Number 12 of Mumbai’s Arthur Road Jail if extradited. The letter emphasised specific safeguards covering his medical, material, and procedural rights. For instance, it confirmed that Choksi would be provided at least three square metres of personal space in his cell, not including furniture, along with basic necessities such as a thick cotton mattress, pillow, bedsheet, and blanket. If required, a bed frame could also be provided on medical grounds.

The ministry further guaranteed adequate light, ventilation, and storage facilities for personal belongings. Clean drinking water, daily access to hygienic toilet and washing areas, as well as sufficient nutrition were also highlighted. Choksi would be permitted to step out of his cell each day for exercise and recreation, and round-the-clock medical facilities would be available to cater to his ongoing health needs. These assurances are intended to ensure that India’s extradition request meets the high standards of human rights compliance required under Belgian and international law.

Despite these assurances, Choksi’s legal team, led by senior counsel Vijay Aggarwal, has continued to challenge the extradition request. At a press conference in Delhi, Aggarwal reiterated the defence’s two key arguments: that the case against Choksi is politically motivated, and that his fragile health condition could deteriorate further if he is brought back to India. Aggarwal also claimed that Choksi has not been officially declared a fugitive and has consistently expressed willingness to cooperate with investigators via video conferencing, citing his inability to travel.

The defence also pointed out procedural irregularities, noting that non-bailable warrants issued as far back as 2018 are central to India’s extradition request. Moreover, they highlighted failed extradition attempts from Dominica and Antigua, where Choksi had previously been undergoing cancer treatment. Aggarwal warned that returning Choksi to India without proper medical care could amount to a violation of international human rights norms.

However, Indian authorities remain firm that there is a solid legal foundation for Choksi’s return. The charges against him span criminal conspiracy, cheating, and falsification of accounts under the Indian Penal Code, as well as violations under the Prevention of Corruption Act. These offences are also considered crimes under Belgian law, thereby satisfying the dual criminality requirement essential for extradition under the treaty framework.

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To further strengthen its case, the Central Bureau of Investigation (CBI) has invoked international legal instruments such as the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). These conventions not only bolster India’s credibility but also highlight the global importance of tackling financial crimes that transcend borders.

The coming months are expected to be decisive in the Mehul Choksi extradition case. With India’s assurances now formally placed before Belgium, the decision will rest on the Belgian judiciary’s assessment of both the human rights guarantees provided and the strength of the charges presented by Indian authorities. For India, successfully securing Choksi’s extradition would mark a landmark victory in its pursuit of economic fugitives, reinforcing its commitment to fighting corruption and financial fraud on the global stage.

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