New Delhi: India has provided a formal diplomatic assurance to Belgian authorities, detailing the conditions under which fugitive businessman Mehul Choksi would be held if extradited. The move is part of India’s broader efforts to secure his return to face trial in the Punjab National Bank (PNB) fraud case, one of the country’s largest financial scandals.
The assurance, issued by the Ministry of Home Affairs (MHA), comes in response to concerns raised during the ongoing extradition proceedings in Belgium. The document outlines a comprehensive framework for Choksi’s detention, with emphasis on human rights, medical care, legal access, and prison oversight.
Designated Jail and Custodial Conditions
If returned to India, Choksi would be lodged in Barrack No. 12 at Mumbai’s Arthur Road Jail, a separate unit reserved for white-collar or non-violent offenders. Authorities confirmed that the barrack currently has available capacity and adheres to international norms, including those set by the Council of Europe’s Committee for the Prevention of Torture (CPT).
Each inmate in the barrack is ensured a minimum living space of three square metres, excluding furniture. Facilities include proper bedding, clean drinking water, ceiling fans, grilled windows, and a partitioned bathroom with a flush toilet and bathing amenities.
The government also highlighted regular cleaning, pest control, and access to natural light as part of routine prison maintenance.
Medical Support and Food Provisions
According to the MHA’s assurance, the jail maintains a 24-hour medical unit, staffed with doctors, nurses, and pharmacy personnel. In addition, there is a 20-bed prison hospital with intensive care support. Emergency referrals can be made to Sir J J Group of Hospitals, located nearby.
Choksi’s existing health records will be reviewed, and all essential treatments or therapies will be provided, free of cost, if medically advised. Inmates are served three meals a day, with the option for specialized diets subject to medical recommendation. The jail also has a canteen offering fruits and basic snacks.
Access to Legal Counsel and Daily Routine
In the assurance, Indian authorities confirmed that Choksi would be entitled to daily meetings with legal representatives, except on Sundays and public holidays. He will also have access to video conferencing, telephone calls, and weekly family visits.
Recreational facilities include an open-air exercise area, indoor games, yoga and meditation sessions, and a library with reading materials. These are aimed at ensuring mental well-being during custody.
Monitoring and Oversight Mechanisms
Barrack No. 12 is continuously monitored via CCTV surveillance, with prison officers posted round-the-clock. The barrack is segregated from the general prison population to ensure safety and security.
The jail is subject to regular inspections by the National Human Rights Commission (NHRC), State Human Rights Commissions, and judicial officers. Formal mechanisms exist for detainees to report mistreatment, with provisions for timely redressal.
The MHA described these commitments as legally binding and said they represent a sovereign undertaking that cannot be reversed by individual administrative or judicial decisions within India.
Extradition Proceedings in Belgium
The assurances are expected to play a pivotal role in Belgium’s legal review, especially in light of Article 3 of the European Convention on Human Rights, which prohibits extradition if there is a risk of torture or inhuman or degrading treatment.
The case is currently being examined by the Chambers of Indictment in Antwerp, which will assess whether India’s commitments meet the necessary legal and human rights standards required for extradition.
