Antwerp Court advises Belgian govt to clear Mehul Choksi's extradition

The Antwerp Court of Appeal has given a positive advice to the Belgian government to clear fugitive diamantaire Mehul Choksi's extradition on six of the seven counts of alleged charges he is facing in India.

In its advice to the Belgian government on April 3, the 'kamer van inbeschuldiging' (chamber of accusation) of The Antwerp Court of Appeal has said that all the alleged crimes for which Choksi is wanted in India -- criminal conspiracy, criminal breach of trust, forgery or fraud, forgery of accounts, obtaining illegal gains by an official or embezzlement, and criminal misconduct -- are also punishable by Belgian Law fulfilling the condition of reciprocity.

It, however, gave a negative advice on the count of "tampering or destroying of evidence", which is not punishable in Belgium, Ken Witpas, Advocaat-Generaal, Antwerp, told PTI.

According to the procedure in Belgium, the confidential advice has been sent to the government, which will now decide on India's extradition request.

In its advice, the Antwerp Court of Appeal has said there is no immediate and direct proof that the "Indian government had any involvement" in Choksi's alleged abduction from Antigua and Barbuda in 2021, he said.

If any objective elements would yet emerge out of the ongoing investigations in Antigua or the UK concerning this matter, elements that could link the Indian government to this abduction, the risk of being tortured, "to the opinion of the court, couldn't be excluded," Witpas said.

It said that there is an applicable legal base for extradition between the Kingdom of Belgium and India, he said.

The Court of Appeal also said the crime "tampering or destroying of evidence" is not punishable by Belgian Law and is therefore excluded as a possible ground for extradition.