Mehul Choksi Arrest: India's First Extradition Treaty With Belgium Was Signed By The British In 1901
Mehul Choksi, accused of defrauding Punjab National Bank of Rs 13,500 crore, was apprehended in Belgium under a 2020 extradition treaty, which replaced the one signed in 1901
Mehul Choksi, the diamond merchant accused of defrauding Punjab National Bank of Rs 13,500 crore, has been apprehended in Belgium under a new extradition treaty between India and Belgium, ratified in 2020.
This treaty establishes a legal framework for extraditing individuals accused or convicted of crimes in either country. It aims to meet modern procedural requirements and expand the range of extraditable offences.
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The 2020 treaty supersedes the extradition treaty between Great Britain and Belgium from 1901, extended to India through an exchange of letters in 1958. The 1901 treaty was formulated to enable mutual surrender of fugitive criminals between British India and Belgium.
Key Features Of The 2020 Extradition Treaty
- Extradition Agreement: Both countries commit to handing over individuals located within their borders who are either accused or convicted of an offense that qualifies for extradition in the other nation.
- Qualifying Offenses: These are crimes punishable by at least one year of imprisonment under the laws of both countries, including those related to taxation, revenue, and fiscal issues.
- Refusal Grounds: Extradition may be denied if the crime is political or military in nature, or if the request is aimed at prosecuting or punishing someone based on race, sex, religion, nationality, or political views.
- Extradition Of Nationals: The decision to extradite nationals lies with the requested country, and nationality is determined at the time the crime was committed.
- Other Provisions: The treaty also addresses the handling of property, protection of personal data, and mutual legal assistance in the context of extradition.
Choksi, who fled India after the scam was revealed in 2018, was apprehended by Belgian police following an appeal from the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED). The owner of Gitanjali Group, Choksi had been issuing fraudulent loans in the name of his company since 2011.
Having eluded arrest for years after fleeing India, Choksi’s capture in Belgium marks a significant development. He was arrested from a hospital in Belgium, and preparations are now underway to bring him back to India.
Sources indicate that Choksi had travelled to Belgium for medical treatment, whereupon Indian agencies quickly moved to secure his extradition. Three months prior, the CBI and ED had already submitted an extradition request.
Choksi was reportedly planning to flee to Switzerland. However, his escape was thwarted by Belgian authorities acting on the request of Indian agencies.
Extradition from Belgium is facilitated by the 2020 treaty, providing India with a legal framework to demand Choksi’s return. This stands in contrast to previous attempts to extradite him from Antigua and Barbuda, and the Dominican Republic, countries with which India had no such agreements.
Choksi’s flight began in January 2018, following the exposure of the PNB scam. He initially sought refuge in Antigua and Barbuda, obtaining citizenship there. In May 2021, he disappeared from Antigua, only to be apprehended in the Dominican Republic. After securing bail on medical grounds, he returned to Antigua. His extradition from Antigua was postponed in May 2022.
For years, Choksi’s gem and jewellery businesses operated in Belgium, leveraging the country’s significant diamond industry. With the assistance of his Belgian wife, Choksi had also obtained an ‘F Residency Card’ there.
Despite his arrest, Choksi is expected to employ legal tactics in Belgian courts, potentially delaying the extradition process. His lawyers are seeking bail. Meanwhile, extradition proceedings against his nephew Nirav Modi are ongoing in London.
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