A nearly 125-year-old extradition treaty has come into play as India moves to bring back fugitive businessman Mehul Choksi from Belgium. Originally signed on 29 October 1901 between Britain (then the ruling authority of India) and Belgium, the treaty underwent amendments in 1907, 1911, and 1958. After India gained independence, the treaty was continued through an exchange of letters in 1954. This historic agreement allows for the extradition of individuals charged with serious crimes if they are found on each other’s soil, and it includes offences like murder, fraud, extortion, drug trafficking, and forgery.
Mehul Choksi, accused of defrauding Punjab National Bank of over ₹13,500 crore, was arrested in Belgium after evading Indian authorities for nearly seven years. He was reportedly preparing to flee to Switzerland for medical reasons when Belgian authorities, acting swiftly on the request of India’s Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), arrested him. Following his arrest, Indian agencies quickly moved to invoke the India-Belgium extradition treaty and submitted a formal request for his return.
The treaty outlines several key provisions, one of the most important being the principle of dual criminality—meaning the crime must be considered an offence in both countries. The requesting country must also submit strong evidence of the accused’s conviction or criminal activity if a trial has not yet taken place. Additionally, neither country is obligated to extradite its own citizens, and extradition can be refused if the case appears politically motivated. The treaty also enforces specific deadlines: a formal request must be made within 14 days of the arrest, and substantial evidence must be submitted within two months, or else the accused may be released. Furthermore, an extradited person cannot be tried for any new offence unless they are first given an opportunity to return, and they cannot be handed over to a third country without the home country’s approval.
India formally requested Choksi’s extradition from Belgium in August 2024, shortly after tracking him down in Antwerp through the CBI’s global operations center. After his arrest, the Indian government submitted a detailed legal request under several sections of the Indian Penal Code, including 120B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating), and 477A (falsification of accounts), along with sections 7 and 13 of the Prevention of Corruption Act, which deal with bribery. According to CBI officials, Belgium examined the request thoroughly and was satisfied that the charges were considered crimes under Belgian law as well. The dual criminality condition was fulfilled, strengthening India’s case for extradition. Now, with legal procedures underway, the chances of bringing Mehul Choksi back to face trial in India are stronger than ever.
