Choksi was apprehended on Saturday while allegedly attempting to escape to Switzerland on medical grounds. However, acting swiftly on a request from the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), Belgian authorities detained him.

Leveraging an over-century-old extradition treaty between India and Belgium, Indian agencies wasted no time in formally seeking Choksi’s extradition so he can face trial for the charges against him.

Historic Extradition Treaty between India and Belgium

The India-Belgium extradition treaty was originally signed on October 29, 1901, between Belgium and Britain, then the colonial authority in India. It was later amended in 1907, 1911, and 1958. After India gained independence, both nations agreed to continue the treaty through an exchange of letters in 1954.

Under the treaty, individuals accused of serious crimes such as murder, fraud, rape, counterfeiting, and drug trafficking can be extradited if found on each other’s territory.

Key Provisions of this Treaty

• Dual Criminality: The offense must be considered a crime in both countries.

• Evidence Requirement: The requesting country must present sufficient evidence of conviction or charges.

• Citizen Clause: Neither country is obliged to extradite its own nationals.

• Political Safeguards: Extradition can be denied if the request is politically motivated.

• Timelines: A formal request must be submitted within 14 days of arrest; substantial proof must be provided within two months, or the person may be released.

• Limits on Prosecution: The extradited individual cannot be tried for new offenses without first returning or receiving permission from their country of origin.

ALSO READ: Explained: Mehul Choksi and his role in the 2018 PNB loan scam

India’s Extradition Request

India formally requested Choksi’s extradition in August 2024 after tracking him in Antwerp through the CBI’s global operations. Following his arrest, Indian authorities invoked several sections of the Indian Penal Code in their extradition plea, including:

• 120B (criminal conspiracy)

• 201 (destruction of evidence)

• 409 (criminal breach of trust)

• 420 (cheating)

• 477A (falsification of accounts)

They also cited sections 7 and 13 of the Prevention of Corruption Act, relating to bribery and misconduct. A senior CBI officer stated that Belgian authorities thoroughly examined the request and were satisfied that the charges were recognized as crimes under Belgian law, thus fulfilling the dual criminality requirement.

“The Belgian government was convinced by the evidence presented in our investigation. They confirmed that the offenses listed are punishable in Belgium as well,” the official said.