PNB Fraud Case: India Gives Formal Assurance To Belgium On Mehul Choksi’s Detention Conditions

Mehul Choksi

The Ministry of Home Affairs, Government of India, has formally assured the Belgian Ministry of Justice and relevant judicial bodies that businessman Mehul Choksi, wanted in a major bank fraud case, will be treated in accordance with strict human rights norms if extradited to India.

The assurances, prepared in consultation with the Government of Maharashtra and prison authorities, outline medical, material, and procedural safeguards to address concerns raised in extradition proceedings.

The Case Against Choksi

India’s extradition request is linked to a Central Bureau of Investigation case in which Mehul Choksi faces charges under multiple sections of Indian law. These include criminal conspiracy (Section 120-B), cheating (Section 420), criminal breach of trust (Section 409), falsification of accounts (Section 477A), destruction of evidence (Section 201) of the Indian Penal Code, and provisions of the Prevention of Corruption Act (POCA), 1988.

Choksi was arrested in Belgium in April following India’s formal request. He and his nephew, Nirav Modi, are central figures in the Punjab National Bank (PNB) fraud case, which involves large-scale fraudulent transactions.

Conditions Of Detention

The MHA letter specifies that Choksi’s detention, if extradited, will take place at Barrack No. 12 in Arthur Road Jail, Mumbai. The jail is designated exclusively for non-violent offenders such as economic or white-collar criminals. At present, the two identified cells within the barrack are unoccupied.

Key Safeguards Include-

Space and Comfort: Each detainee is guaranteed at least three square metres of personal space excluding furniture, adhering to Council of Europe’s Committee for the Prevention of Torture norms.

Sleeping Arrangements: Beds or mats, pillows, sheets, and blankets are provided, with alternatives based on medical advice.

Facilities: Grilled windows, ceiling fans, ventilators, attached toilets, and bathrooms with partitions ensure privacy and hygiene. Regular cleaning, pest control, and uninterrupted drinking water supply are assured.

Food and Recreation: 3 nutritious meals daily, with provisions for special diets, are available along with a canteen. Detainees can access fruits, snacks, yoga, meditation, a library, and board games. Daily outdoor exercise and indoor activities such as badminton are permitted.

Medical & Oversight Mechanisms

The prison’s medical care includes-

A 24×7 facility with 6 medical officers, nursing orderlies, and lab support.
A 20-bed hospital with ICU capacity and emergency referral access to Sir J.J. Group of Hospitals.
Consideration of Choksi’s medical history and provision of necessary equipment and therapies at no cost, based on medical advice.

The barrack is monitored via CCTV and staffed round the clock. Legal access is guaranteed with daily lawyer meetings, weekly visits from relatives, and telephone and video-conferencing facilities.

Oversight will be provided by the National and State Human Rights Commissions and judicial bodies, with grievance redressal mechanisms for mistreatment. Training for prison staff includes a 6-month initial program and refresher courses emphasizing restraint and control through yoga and meditation.

A Sovereign Commitment

The MHA letter emphasizes that the guarantees represent a sovereign commitment and cannot be overridden by administrative or judicial discretion. The assurances are designed to meet international human rights standards, particularly those under Article 3 of the European Convention on Human Rights aimed at preventing torture and inhuman or degrading treatment.

Belgian courts, including the Chambers of Indictment in Antwerp, will now evaluate these assurances alongside legal and evidentiary factors in the extradition process. If found satisfactory, and all conditions are met, Mehul Choksi could be extradited to India to face trial.