Will Mehul Choksi Be Extradited After Arrest? What India-Belgium Treaty Says
The police in Belgium have arrested diamantaire Mehul Choksi following an extradition request by Indian probe agencies for his alleged involvement in the Rs 13,500 crore Punjab National Bank (PNB) scam case.
His lawyer, Vijay Agarwal, said Choksi - who fled India in 2018, weeks before the alleged fraud became public - was taken into custody on Saturday.
His arrest has now put the spotlight on the question: Will Mehul Choksi be extradited to India?
What India-Belgium Treaty Says
In 2020, the Union Cabinet, led by Prime Minister Narendra Modi, approved the signing and ratifying of the extradition treaty between India and Belgium.
It replaced the treaty that was signed between Great Britain and Belgium in 1901 and was extended to India in 1958.
Extraditable Offences
According to the treaty, the two countries have agreed to extradite to the other any person found in its territory who is accused or convicted of an extraditable offence, which means an offence punishable under the laws of both countries with imprisonment for one year or more severe punishment. Offences relating to financial crimes, taxation or revenue also fall within the treaty.
Mehul Choksi faces charges of conspiracy, cheating, and corruption in India.
Can Extradition Be Refused?
Under the treaty, the extradition can be refused if:
- The offence involved is political. However, the treaty specifies certain offences that will not be considered as political offences. Mehul Choksi's lawyer has called it a "political case".
- The offence for which extradition is requested is a military offence.
- The request has been made for prosecuting or punishing the person on account of his race, sex, religion, nationality or political opinion.
- The prosecution of enforcement of sentence has become time-barred.
Extradition Of Nationals
According to the treaty, the extradition of nationals is discretionary, and the nationality will be determined at the time the offence was committed.
Mehul Choksi To Appeal Against Arrest, Oppose Extradition
Mehul Choksi's lawyer has said that they will appeal against his arrest in Belgium and will oppose his extradition to India.
Speaking to reporters on Monday, his lawyer, Vijay Aggarwal, said Choksi's "human rights" will be "greatly affected" if he is extradited to the country.
He said they would challenge the extradition on two primary grounds: the political nature of the case and concerns about the proper treatment for Choksi's health condition in India.
He also said the "obvious" grounds for the appeal against arrest would be that Choksi is "not a flight risk, is extremely sick and undergoing cancer treatment".
Why India Wants Mehul Choksi
Mehul Choksi and his nephew, Nirav Modi, are wanted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) for allegedly defrauding the Punjab National Bank of more than Rs 13,500 crore in 2018.
The PNB had filed a criminal complaint against several entities, including Choksi, Modi and the managing director of his firm, Gitanjali Gems.
They allegedly used letters of undertaking (LoUs) and foreign letters of credit (FLCs) by bribing officials of the PNB's Brady House branch in Mumbai.
Choksi flew to Antigua and Barbuda in 2018 and took the citizenship of the Caribbean nation through the investment programme.
Last month, the Belgian foreign ministry confirmed to NDTV that Choksi was in the European nation.
Nirav Modi, who also fled India in 2018, was arrested in Britain in 2019. He remains in custody there and has lost one extradition appeal.
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