Just days after fugitive jeweller Mehul Choksi (65) was arrested in Antwerp in response to an extradition request from India, officers of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) officers are making travel plans to Belgium. The aim is to complete the required documentation and work with the Belgian government to expedite the extradition process.
Choksi was arrested on Saturday, 12 April, following India’s formal request for his extradition.
Discussions have begun at the CBI and ED headquarters to finalise two to three officers from each agency. Once selected, these officers will begin preparing the documentation needed for the extradition. It is anticipated that Choksi will challenge the proceedings by approaching higher judicial authorities in Belgium, The Indian Express reported.
On Monday, Choksi’s legal representative said an appeal against the arrest is being filed. “Our bail plea will be based primarily on his medical condition—he is currently undergoing treatment for cancer. We will also argue that he is not a flight risk,” Choksi's lawyer told the Indian Express.
A joint team from the CBI and ED, accompanied by legal counsel, is expected to travel to Belgium in the coming days to coordinate with Belgian authorities and submit case documents as part of the extradition procedure.
Senior officials in both agencies have held meetings to assess the situation and plan the way forward.
When contacted, a spokesperson for the Antwerp police confirmed that they had executed the arrest warrant. The action, the spokesperson said, “concerns an arrest ordered by the international service, Antwerp Public Prosecutor’s Office, following the service of an extradition procedure and the decision declaring a foreign arrest warrant enforceable.”
Choksi, his nephew Nirav Modi, and other family members were booked by the CBI and ED in 2018 in connection with a large-scale loan fraud at Punjab National Bank’s Brady House branch in Mumbai. Both agencies have since filed multiple charge sheets and prosecution complaints against the duo.
India-Belgium Extradition Treaty
India and Belgium have a long standing extradition treaty. In 2020, the Union Cabinet, chaired by Prime Minister Narendra Modi, approved the signing and ratification of a new extradition treaty between India and Belgium.
This agreement replaced the earlier treaty signed between Great Britain and Belgium in 1901, which had been extended to India in 1958.
As per the extradition treaty between India and Belgium, both countries have agreed to hand over individuals found on their territory who are either accused or convicted of an offence that qualifies as extraditable. An extraditable offence is defined as one punishable under the laws of both countries with imprisonment of at least one year or a more severe penalty. The treaty also covers offences related to financial crimes, taxation, and revenue matters.
Mehul Choksi is facing charges in India that include conspiracy, cheating, and corruption.
Grounds for Refusing Extradition
The treaty outlines specific grounds on which extradition may be refused:
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If the offence in question is of a political nature. However, the treaty also defines certain offences that will not be considered political. Choksi’s legal team has described the case against him as “political”.
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If the offence is a military offence, not recognised as a crime in the other country.
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If the extradition request appears to be motivated by the individual’s race, sex, religion, nationality, or political opinion, or is intended to punish them on those grounds.