In a significant development in the high-profile Punjab National Bank (PNB) fraud case, India has provided a formal and comprehensive letter of assurance to Belgium, detailing the conditions under which fugitive diamantaire Mehul Choksi would be detained if extradited. This move is a strategic step to address human rights concerns often raised in European courts, paving the way for Choksi’s return to face justice.
Mehul Choksi, a key accused in the multi-billion dollar PNB scam, was arrested in Belgium in April following an extradition request from Indian authorities. Since then, he has been lodged in a Belgian prison while his legal team fights extradition.
The Assurances: A ‘Binding Sovereign Commitment’
The Ministry of Home Affairs (MHA), in consultation with the Maharashtra government and prison authorities, has provided an unprecedented level of detail regarding the facilities awaiting Choksi. The assurance, which the MHA has characterized as a “binding sovereign commitment,” aims to demonstrate that his detention will meet international human rights standards.
The key promises made to the Belgian Ministry of Justice and judicial authorities include:
- Designated Facility: Choksi will be lodged in Barrack No. 12 of Mumbai’s Arthur Road Jail. This barrack is described as a non-violent, economic offenders-only facility, separate from the main prison complex.
- Humane Conditions: The letter guarantees that Choksi will not be held in solitary confinement. His cell will provide a minimum of three square meters of personal space, in line with norms set by the Council of Europe’s Committee for the Prevention of Torture (CPT).
- Amenities: The cell will be equipped with fans, proper ventilation, and attached sanitation facilities with flush toilets. He will be provided with a clean cotton mat, pillow, bedsheet, and blanket, with the option for a bed if medically recommended.
- Medical Care: India has assured 24/7 medical care, including access to a 20-bed prison hospital with an ICU and the option to seek private medical care at personal expense. The MHA also confirmed that Choksi’s pre-existing medical conditions will be considered.
- Food and Recreation: He will receive three meals a day, with provisions for special dietary needs. The jail will offer a library, board games, and an open-air yard for daily exercise and recreation, including yoga and badminton.
- Security and Oversight: The barrack will be under continuous CCTV surveillance. The MHA also highlighted oversight mechanisms by prison administration, judicial supervision, and inspections by human rights commissions.
The Extradition Process and What’s Next
This detailed framework is crucial for the Belgian courts, which will now evaluate whether the detention conditions outlined by India are sufficient to proceed with the extradition.
If the Belgian courts deem these assurances satisfactory and all legal conditions for extradition are met, Choksi could be surrendered to India to stand trial. The extradition proceedings are reportedly at an advanced stage, with a hearing scheduled in the Chambers of Indictment in Antwerp.
The case of Mehul Choksi and his nephew Nirav Modi, who is currently fighting his own extradition from the UK, has been a major focus for Indian agencies. By providing these meticulous assurances, the Indian government is making a strong push to bring back one of the country’s most wanted economic fugitives and send a firm message against financial crimes.
