MHA Assures Humane Treatment For Mehul Choksi Amid Extradition Process: PNB Scam Case Update

The Ministry of Home Affairs (MHA) has assured Belgium that will receive humane treatment if extradited to India. This assurance comes amid the ongoing Punjab National Bank (PNB) loan fraud case proceedings. The MHA's letter, dated September 4, addressed Belgium's Ministry of Justice, detailing conditions for Choksi's detention at Arthur Road Jail in Mumbai.

Choksi's lawyer, Vijay Aggarwal, has opposed the extradition, citing political motives and his client's poor health. He argued that extradition might breach Choksi's human rights due to insufficient healthcare and possible political harassment. Aggarwal also mentioned that Choksi is undergoing cancer treatment and has previously offered cooperation with Indian authorities via video conferencing.

Extradition Conditions

The MHA's letter specified that Choksi would be housed in Barrack No. 12 at Arthur Road Jail if extradited. The letter stated, "Choksi will be held at the Barrack number 12, Arthur Road jail complex in Mumbai, if extradited." It further assured that he would have a minimum of 3 square metres of personal space, excluding furniture.

The communication highlighted provisions for clean bedding, drinking water, ventilation, toilet facilities, daily exercise, medical care, library access, and legal counsel. A metal or wooden bed could be provided on medical grounds. These measures aim to align with international human rights standards.

Background of the Case

Choksi was apprehended in Belgium in April after India formally requested his extradition. He and his nephew Nirav Modi are accused of defrauding PNB through fraudulent transactions amounting to thousands of crores. Additionally, Choksi faces charges in other bank fraud cases.

The Central Bureau of Investigation (CBI) is pursuing his extradition under the Indian Penal Code (IPC) and the Prevention of Corruption Act. These offences are recognised by Belgian law, fulfilling the dual criminality requirement necessary for extradition.

International Legal Framework

The CBI has invoked international conventions to bolster its case against Choksi. These include the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). Such measures aim to strengthen India's position in securing Choksi's return.

This development marks a significant step in addressing concerns over Choksi's potential treatment upon extradition to India. The assurances provided by the MHA seek to ensure compliance with international human rights obligations while advancing legal proceedings related to the PNB fraud case.