NEW DELHI: In a major boost for Indian agencies in the extradition case against Mehul Choksi, the Antwerp Court of Appeal has ruled that there is a valid legal basis to extradite the fugitive diamond to India, while rejecting his claims that the Indian government kidnapped him in Antigua and Barbuda in 2021. Choksi is also understood to have applied for asylum in Belgium, anticipating a negative outcome, people familiar with the matter said.
The Accusation Chamber, part of the Antwerp Court of Appeal, advised the Belgian Ministry of Justice on April 3, approving charges of fraud, criminal conspiracy and forgery against Choksi. However, it ruled out the charge of destroying evidence, stating that this crime is not punishable under Belgian law.
Confirming this development, Antwerp Public Prosecutor Ken Witpas told HT: “The Accusation Chamber, part of the Antwerp Court of Appeal, last Friday, April 3, advised the Belgian government on the request made by the Indian authorities for the extradition of Mehul Choksi, based on the allegation that the following crimes were committed between December 31, 2016 and January 1, 2019 in India.”
In its advice, WhitPass said the Chamber had found that “there is a viable legal basis for extradition between the Kingdom of Belgium and the Republic of India,” adding that crimes including criminal conspiracy, criminal breach of trust, forgery and corruption-related charges are also punishable under Belgian law, meeting reciprocity requirements.
The court also ruled that the indictment was “not bound by legal limits, neither by Belgian law nor by Indian law”, and rejected Choksi’s claim that the case amounted to a political witch-hunt. She said the alleged crimes “cannot be considered a political, military or financial crime to be excluded.”
Addressing Choksi’s claims of kidnapping and risk of ill-treatment, the court noted that Choksi’s “defence made it plausible that he was transferred against his will on May 23, 2021 from Antigua to Dominica,” but found no “immediate and direct evidence” of Indian government involvement. It also did not accept his arguments regarding the risk of denial of justice, unfair trial, torture or inhuman treatment, including prison conditions.
“Based on these considerations, the Indictment Chamber provided positive extradition advice with reservations regarding the extradition of Mehul Choksi…” Witpass said.
The court’s decision is confidential and not binding on the Belgian government, and the final decision rests with Justice Minister Anneliese Verlinden. The order, initially expected on March 20, has been postponed to April 3.
In response to Hizb ut-Tahrir’s inquiries, the Belgian Federal Ministry of Justice said that the case is currently under analysis and that the minister’s final decision will be communicated to the parties concerned “within a reasonable time frame.” She declined to comment further, citing the ongoing nature of the proceedings.
Indian agencies have also received unofficial indications that Choksi has applied for asylum, although these requests are confidential and may not be officially confirmed until a decision is made. HT reached out to Choksi’s lawyer but did not receive any response.
Choksi (65 years old) has been detained in a prison in Antwerp since his arrest on April 11 last year at the request of India. Indian investigators accused him of orchestrating six bank fraud operations between 2018 and 2022, involving nearly $100 million. $13,000 Crores.
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His extradition has been sought under Sections 120B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating) and 477A (falsification of accounts) of the Indian Penal Code, along with Sections 7 and 13 (bribery) of the Prevention of Corruption Act. These crimes are also punishable in Belgium under the principle of double criminality. The extradition request is also based on the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC).
The Indian government has assured Belgium that if Choksi is extradited, he will be detained at Barrack No. 12 of Arthur Road Jail in Mumbai, which meets the criteria set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Authorities also said he would have access to clean drinking water, adequate food and medical care, newspapers and television, the option of treatment from a private doctor, and would not be subjected to solitary confinement.
In December last year, Belgium’s Supreme Court rejected Choksi’s appeal against his arrest, ruling that his claims of facing a political trial in India, as well as allegations that he was kidnapped in Antigua and Barbuda in 2021 at India’s request and could face torture, were not “factual”.
In December 2025, the Serious Fraud Investigation Office (SFIO) filed a court complaint against Choksi, his wife Preeti Choksi, and others as part of an investigation into his companies. The complaint details alleged financial irregularities and the roles of various defendants who allegedly helped him build his business empire before he fled India in 2017.
The Enforcement Directorate has also decided to take action against Choksi’s son Rohan in this case.
