No risk of unfair trial, says Belgian court as it upholds Mehul Choksi’s extradition

O f the pretrial chamber of the Antwerp District Court, which had declared the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as "enforceable", thereby allowing Choksi's extradition.

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The appellate court dismissed Choksi's challenge to that decision, concluding that the 66-year-old businessman had failed to produce credible evidence supporting his claims of persecution or denial of justice in India.

The court held that the materials submitted by Choksi were insufficient to demonstrate any "real, present and serious risk" of being subjected to torture, inhuman treatment, or a flagrant denial of justice. It further stated that it is the responsibility of the subject to "provide evidence demonstrating substantial grounds to believe" that such a risk exists - something Choksi had not done.

Rejecting his arguments that his prosecution was politically motivated, the court said that the documents produced did not substantiate claims that he was the target of a political trial. The order added, "The documentation provided is insufficient to make it concretely plausible that he personally faces a genuine risk of being subjected to a flagrant denial of justice, torture, or inhuman and degrading treatment in India."