Mehul Choksi Arrest in Belgium wanted in India’s infamous ₹13,000 crore Punjab National Bank (PNB) fraud case, has finally been arrested in Belgium. This marks a significant step in India’s long-standing efforts to bring him back to face trial. But before celebrations begin, legal experts warn: his extradition won’t be quick or straightforward.
Choksi, who had escaped to Antwerp in 2018 just before the scam erupted, was arrested on April 12 after the ED and CBI brought an extradition request. Although his arrest marks a victory for Indian agencies, the real fight is yet to come—Belgian law has several hurdles that may stall or even stop his return.
Table of Contents
The Extradition Maze: What Stands in India’s Way?
- The “Dual Criminality” Test
For extradition to succeed, Belgium must agree that Choksi’s alleged crimes in India are also punishable under Belgian law. This principle, called “dual criminality,” is a major checkpoint.
Senior Advocate Aman Lekhi believes the charges against Choksi—fraud, money laundering, and conspiracy—are serious enough to meet this test. However, his legal team could argue technicalities, dragging out the process.
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- Human Rights Concerns: A Common Tactic
Choksi’s lawyers are likely to claim that sending him back to India would violate his human rights, citing:
Prison conditions (overcrowding, poor facilities)
Risk of unfair trial (media bias, political pressure)
Health concerns (he has previously cited medical issues)
This isn’t just speculation—it’s a well-worn strategy. In Sanjay Bhandari’s extradition case, UK courts denied India’s request, partly due to concerns about Indian jails. Belgium, bound by the European Convention on Human Rights, could follow a similar path.
- The “Political Offense” Excuse (And Why It Won’t Work)
Choksi’s legal team might argue that his case is “politically motivated”—a classic defense in extradition battles. But experts dismiss this.
Lekhi points out:
“The ‘political offense’ exception has been reduced in scope over time because crooks continued to exploit it. Fraud is not a crime of a political nature—it’s a simple financial crime.”
- Health Concerns: A Delay Strategy?
Choksi has already invoked medical issues in an effort to stave off deportation (yes, his alleged Antigua breakout in 2021?). His attorneys might once again assert he’s too sick to be extradited.
But Lekhi is not convinced: “If he was healthy enough to hop between nations for years, why is his health suddenly a concern now?”
Even so, Belgian courts can mandate medical examinations, taking months (or years) to the process.
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Will Choksi Really Be Returned to India?
Belgium’s Legal Process: A Long Road Ahead
Unlike Antigua (where Choksi was a citizen), Belgium does not have a direct interest to protect him. But extradition here includes:
Judicial approval (Belgian courts must consent)
Administrative clearance (the government must sign off)
Senior Advocate Sanjay Hegde cautions:
“This isn’t a quick process. Don’t expect him on a flight to India anytime soon.”
Choksi’s Latest Stunt: “I’ll Cooperate… Virtually”
In a bizarre twist, Choksi’s lawyers claim he’s willing to join investigations—via video call.
Lekhi scoffs at this:
“After stealing thousands of crores, he doesn’t get to choose how the law treats him. This is a mockery of justice.”
India’s Extradition Track Record: Not Good
Let’s face it—India doesn’t have a great track record of extraditing Europeans. Even in Abu Salem’s case, Portugal only agreed if India committed to:
No death penalty
No lengthy imprisonment beyond terms agreed on
Will India agree if Belgium puts similar conditions? And even so—will Choksi discover another flight path?
Final Thoughts: Justice Delayed, But Not Denied
Mehul Choksi Arrest in Belgium is a step forward, but the road to extradition is filled with legal landmines. Between human rights arguments, health excuses, and procedural delays, this could drag on for years.
One thing’s clear: Choksi isn’t returning to India without a fight. But for the victims of the PNB scam, any progress—no matter how slow—is still progress.
What do you guys think? Is Belgium going to send him back, or will he escape once again? Let’s talk in the comments.
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