PNB Scam: India Promises Belgium Humane Jail Stay For Mehul Choksi If Extradited

In a significant development in the extradition case of fugitive diamantaire Mehul Choksi, the Ministry of Home Affairs (MHA) has sent a formal letter to Belgium's Ministry of Justice. The communication provides specific assurances regarding the conditions under which Choksi, a key accused in the multi-crore rupee Punjab National Bank (PNB) loan fraud case, would be held if extradited to India.

The letter, dated September 4, 2025, comes amid concerns over Choksi's rights and details material, medical, and procedural safeguards intended to address human rights issues raised during the extradition proceedings. These assurances were formulated in consultation with the Maharashtra government to ensure compliance with extradition protocols while protecting Choksi's rights.

The MHA's letter states that "Choksi will be held at the Barrack number 12, Arthur Road jail complex in Mumbai, if extradited." It further guarantees that "Mehul Choksi will be kept in a cell in which he will get a minimum of 3 square metres of personal space (not including furniture) throughout the period of his prospective detention in case he is found guilty."

The assurances include provisions for a "clean thick cotton mat, pillow, bedsheet and blanket," with the option of a "metal frame/wooden bed can be provided on medical grounds." The cell is described as having "adequate light and ventilation, and storage for permissible personal belongings."

The letter also confirms that "Mehul Choksi will have sufficient access to a clean drinking water supply each day and adequate medical facilities are available round the clock," in addition to access to "adequate toilet and washing facilities each day." Furthermore, "Mehul Choksi will be permitted out of his cell for exercise and recreation for a reasonable amount of time each day" and "will receive adequate food throughout his detention period."

This move follows the arrest of Mehul Choksi in Belgium in April, subsequent to a formal request from Indian authorities. Choksi and his nephew, Nirav Modi, are the primary accused in the PNB fraud case, which involves fraudulent transactions. Choksi is also reportedly wanted in connection with several other unrelated bank fraud investigations.

Following his arrest, Choksi's counsel, Vijay Aggarwal, announced plans to appeal the court's decision to deny him bail, citing his client's deteriorating health and ongoing cancer treatment. At a press conference in Delhi, Aggarwal outlined the defence's strategy to oppose the extradition on two primary grounds: the allegedly politically motivated nature of the case and concerns over the adequacy of Choksi's medical treatment in India.

Aggarwal argued that extradition could violate Choksi's human rights and emphasised that his client has not been officially declared a fugitive and has cooperated with Indian investigative agencies. He noted that Choksi has repeatedly offered to participate in investigations via video conferencing due to his health issues. The defence also highlighted procedural requirements, including the issuance of non-bailable warrants dating back to 2018, and referenced earlier failed extradition attempts from Dominica.

Choksi faces charges under various sections of the Indian Penal Code (IPC), including criminal conspiracy, cheating, and falsification of accounts, as well as provisions of the Prevention of Corruption Act. These offences are also recognised as crimes under Belgian law, enabling the application of the dual criminality clause of the extradition treaty. Additionally, the Central Bureau of Investigation (CBI) has cited the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) to strengthen its extradition plea.