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Mehul Choksi, accused of defrauding the National Punjab Bank of 13,500 million rupees, was arrested in Belgium under an extradition treaty of 2020, which replaced the signed in 1901
Mehul Choksi had traveled to Belgium to receive medical treatment, which quickly moved to ensure extradition. (News18 Hindi)
Mehul Choksi, the diamond merchant accused of defrauding the National Punjab Bank of 13,500 million rupees, has been arrested in Belgium under a new extradition treaty between India and Belgium, ratified in 2020.
This treaty establishes a legal framework to extreme people accused or convicted of crimes in any country. Its objective is to meet modern procedure requirements and expand the range of extraditable crimes.
The 2020 Treaty replaces the Extradition Treaty between Great Britain and Belgium since 1901, extended to India through an exchange of letters in 1958. The 1901 Treaty was formulated to allow mutual surrender of fugitive criminals.
Key features of the 2020 extradition treaty
- Extradition Agreement: Both countries undertake to deliver individuals located within their borders who are accused or convicted of a crime that qualifies for extradition in the other nation.
- Qualification crimes: These are punishable crimes with at least one year in prison under the laws of both countries, including those related to taxes, income and tax problems.
- Regalization: Extradition can be denied if the crime is of a political or military nature, or if the request aims to prosecute or punish some based on race, sex, religion, nationality or political opinions.
- Extradition of nationals: The decision to extradite nationals is found with the requested country, and nationality is determined at the time the crime was committed.
- Other provisions: The treaty also addresses property management, the protection of personal data and mutual legal assistance in the context of extradition.
Choksi, who fled from India after the scam was revealed in 2018, was arrested by the Belgian police after an appeal of the Central Investigation Office (CBI) and the Control Directorate (ED). The owner of the Gitanjali group, Chaksi had been issuing fraud loans on behalf of his company since 2011.
Having eluded the trial for years after fleeing from India, Choksi’s capture in Belgium marks significant development. He was arrested from a hospital in Belgium, and the preparations are now underway to bring him back to India.
The sources indicate that Choksi had traveled to Belgium to receive medical treatment, which quickly moved to ensure extradition. Three months before, the CBI and ED had already submitted an extradition application.
According to the reports, Chaksi planned to flee to Switzerland. However, his escape was frustrated by the Belgian authorities acted at the request of the Indian agencies.
The extradition of Belgium is facilitated by the 2020 treaty, providing India with a legal framework to demand the return of Choksi. This contrasts with the previous attempts to extradite it from Antigua and Barbuda, and the Dominican Republic, countries with which India had no such agreements.
Choksi’s flight was in January 2018, after the exhibition of the PNB scam. Initially he sought refuge in Antigua and Barbuda, forcing citizens there. In May 2021, he disappeared from Antigua, only to be arrested in the Dominican Republic. After securing the bond for medical reasons, he returned to Antigua. His extradition of Antigua was postponed in May 2022.
For years, Chaksi’s jewelry and jewelry companies operated in Belgium, hepiating the important diamond industry of the country. With the help of his Belgian wife, Chaksi had also obtained a ‘residence card f’ there.
Despite his judgment, Choksi is expected to use legal tactics in Belgian courts, which could delay the extradition process. Your lawyers are looking for bail. Meanwhile, extradition procedures against their nephew Nirav Modi are ongoing in London.