Belgium’s highest judicial authority, the Court of Cassation, has rejected fugitive diamantaire Mehul Choksi’s appealagainst extradition, marking a major breakthrough for Indian agencies seeking to bring him back to stand trial in multiple bank fraud cases worth nearly ₹13,000 crore. The ruling upholds the decision of the Antwerp Court of Appeal, which had previously dismissed Choksi’s objections to his arrest and extradition.

Choksi, 65, has been lodged in an Antwerp prison since April 11, following his arrest based on two warrants issued by Indian courts at the request of the Central Bureau of Investigation (CBI). His appeal to the Court of Cassation—filed on October 30 after his defeat in the Antwerp appellate court on October 17—was seen as his final attempt to block extradition proceedings.

Belgian Court Rules in Favour of India

Henri Vanderlinden, advocate general in Brussels, confirmed the decision in an email:
“The Court of Cassation rejected the appeal (of Choksi). So, the decision of the Court of Appeal stands.”

The ruling clears the way for Belgian authorities to formally initiate extradition procedures, something officials familiar with the matter described as a “significant positive step” for India.

Choksi’s Claims Rejected

In his appeal, Choksi argued that extraditing him to India would expose him to the risk of torture, political persecution, and denial of justice. He also reiterated his long-standing claim that he was abducted from Antigua and Barbuda in May 2021 by individuals allegedly acting on behalf of Indian authorities.

However, the Court of Cassation—like the Antwerp court before it—dismissed his arguments. The October 17 judgment, now upheld by the top court, had stated:

• There was no evidence that Choksi faced a political trial.
• Claims of torture or unfair treatment in India lacked substance.
• Assertions of abduction in Antigua were not supported by credible documents.

The Antwerp court specifically noted that the 2022 decision by the Commission for the Control of Interpol Files (CCF), which removed Choksi’s Red Notice, was “cautious, conditional, and inconclusive,” and did not substantiate his kidnapping allegations.

Arrest Warrants Valid Under Belgian Law

The Court of Appeal earlier confirmed that two Indian arrest warrants—dated May 23, 2018, and June 15, 2021—were enforceable in Belgium. These warrants pertain to charges including:

• Criminal conspiracy
• Criminal breach of trust
• Cheating and fraud
• Embezzlement
• Falsification of accounts
• Destruction of evidence
• Bribery under the Prevention of Corruption Act

Belgium acknowledged that these offences carry a minimum one-year prison sentence in both countries, satisfying the principle of dual criminality required for extradition.

India’s Assurances to Belgian Authorities

To counter Choksi’s claims of potential mistreatment, the Indian government provided detailed assurances regarding his treatment and custody conditions upon extradition.

India guaranteed that Choksi would be lodged in Barrack No. 12 of Arthur Road Jail, Mumbai, which meets European standards outlined by the Committee for the Prevention of Torture (CPT). The assurances included:

• Clean drinking water
• Nutritious food
• Adequate medical facilities
• Access to newspapers and TV
• Ability to consult private doctors
• No solitary confinement

Indian officials highlighted that these are in line with the UN Convention Against Torture and other international requirements.

Extradition Linked to Major Bank Fraud Cases

Choksi, along with nephew Nirav Modi, is accused of orchestrating a massive series of frauds targeting the Punjab National Bank and other financial institutions between 2018 and 2022, amounting to nearly ₹13,000 crore. The CBI and Enforcement Directorate (ED) have filed multiple charge sheets alleging forgery, misuse of guarantees, and siphoning of funds through shell firms.

His escape from India in early 2018—just before the PNB scam became public—has made him one of the most notorious economic fugitives sought by Indian agencies.

What Happens Next?

With the Cassation Court rejecting his appeal, the Belgian legal system will now begin the formal extradition process:

1. The case returns to the Antwerp authorities for administrative processing.
2. Belgium’s federal government may be required to issue a final approval.
3. India will coordinate with Brussels to arrange secure transfer and custody.

Legal experts suggest that unless Choksi files an extraordinary humanitarian plea, his options within the Belgian legal system are now exhausted.

A Significant Win for India

For New Delhi, the ruling represents one of the strongest advances yet in its global pursuit of high-profile economic offenders. After protracted litigation in Antigua, where Choksi has citizenship, and multiple appeals across jurisdictions, the Belgian decision sets the stage for his possible return to India.

With this judgment, India moves a step closer to holding Choksi accountable in the country where the alleged frauds were committed, marking a potentially decisive turn in a years-long international legal saga.