The legal battle surrounding fugitive diamond merchant Mehul Choksi takes a crucial turn as Belgium's Supreme Court prepares to hear his appeal against extradition to India. The hearing, scheduled for December 9, 2023, represents a significant milestone in India's efforts to bring back the accused mastermind behind the massive Punjab National Bank fraud case.
The Legal Proceedings in Belgium
Belgium's Court of Appeal had previously rejected Choksi's plea against his extradition to India in October 2023, setting the stage for this Supreme Court confrontation. The December 9 hearing will determine whether the lower court's decision stands or if Choksi's legal team can successfully argue against his return to face Indian justice.
The legal process has been closely monitored by Indian authorities, who have been working diligently to secure Choksi's return since his dramatic disappearance from Antigua and Barbuda in 2021. The diamond merchant's unexpected appearance in Dominica during his attempted escape added another layer of complexity to an already convoluted international legal saga.
Background of the PNB Fraud Case
Mehul Choksi stands accused of orchestrating one of India's largest banking frauds, with the Punjab National Bank scam amounting to an astonishing ₹13,500 crore. The elaborate scheme involved fraudulent letters of undertaking issued by PNB's Brady House branch in Mumbai, which enabled Choksi's companies to obtain massive credit from overseas branches of Indian banks.
Choksi, along with his nephew Nirav Modi, allegedly used their jewelry businesses—Gitanjali Gems, Gili, and Nakshtra—to execute the sophisticated fraud over several years before it came to light in early 2018. The revelation sent shockwaves through India's banking sector and prompted widespread investigations into banking protocols and oversight mechanisms.
Choksi's International Movements and Legal Strategy
Choksi's legal team has consistently argued against his extradition, citing concerns about his safety and the conditions he might face in Indian prisons. His lawyers have previously raised issues about potential human rights violations and the quality of medical care available to him given his health conditions.
The fugitive businessman acquired citizenship of Antigua and Barbuda in 2017, shortly before the PNB scam unraveled, providing him with an escape route from Indian jurisdiction. His subsequent mysterious disappearance from Antigua and appearance in Dominica in 2021 sparked international attention and multiple legal proceedings across different jurisdictions.
Indian authorities have maintained that Choksi will receive fair treatment and proper medical attention if extradited. The Central Bureau of Investigation and Enforcement Directorate have assembled extensive evidence against him, including documentary proof of the fraudulent transactions and money trail across multiple countries.
Implications and Next Steps
The December 9 hearing represents a critical juncture in this long-running international legal drama. A decision in favor of extradition would mark a significant victory for Indian investigative agencies and could pave the way for Choksi's eventual return to face trial in Indian courts.
However, legal experts note that regardless of the Belgium Supreme Court's decision, the process may not end immediately. Further appeals or legal maneuvers could prolong the final resolution, continuing the pattern of delays that has characterized this case since its inception.
The outcome will also have implications for India's broader efforts to bring back economic offenders who have fled the country. Success in Choksi's case could strengthen the government's position in pursuing other fugitives wanted for financial crimes.
As the December hearing approaches, both Indian authorities and Choksi's legal team are preparing their final arguments. The international community, particularly financial crime investigators and extradition law experts, will be watching closely as this landmark case continues to unfold in Belgium's highest court.
