Medical care, bed, personal space guaranteed for fugitive Mehul Choksi if extradited: India assures Belgium

NEW DELHI: India has furnished a formal letter of assurance to the Ministry of Justice, Kingdom of Belgium, detailing the conditions under which fugitive Indian diamond merchant Mehul Choksi would be detained, if he is extradited from that country in connection with the Bank Fraud case. In a copy of the letter, as reviewed by The New Indian Express , the Union Ministry of Home Affairs (MHA) has assured the Belgian authority after consulting the Government of Maharashtra and prison authorities there. In the letter the MHA has set out specific material, medical and procedural safeguards intended to address human rights concerns raised during the extradition proceedings in Belgium, where Choksi is under detention. The assurances were submitted in connection with India's request for the surrender of Mehul Choksi in a Central Bureau of Investigation (CBI) case. Choksi is accused under various provisions of the Indian Penal Code (IPC) and relevant sections of the Prevention of Corruption Act (POCA), 1988, a senior official said. In the letter, the MHA has given detailed specifications on facilities like occupancy limits, medical provisions and oversight mechanisms. Noting that the Government of India seeks to offer Belgian judicial authorities concrete and operational guarantees that Choksis detention will conform to accepted minimum standards, the officials said that the MHA has specified Barrack No. 12 at Arthur Road Jail in Mumbai as the designated facility for Choksi's detention. The MHA also outlined several binding guarantees to ensure humane and dignified treatment. Each detainee will be provided a minimum of three-square metres of personal space, excluding furniture, in accordance with norms set by the Council of Europes Committee for the Prevention of Torture (CPT), the MHA said in the letter. The cells are equipped with grilled windows and ceiling fans to ensure ventilation, and are subject to routine cleaning and pest control, the MHA added. The inmate will have access to clean drinking water at all times as well as receive adequate food three times daily. The MHA also said that sanitation facilities include an attached toilet and bathroom. It went on to add that daily outdoor exercise is permitted in an open-to-sky yard and indoor recreation including yoga and access to a library. Medical care is provided through a 24x7 facility staffed by six medical officers, nursing orderlies, pharmacists and laboratory support, it said. The MHA also assured that Choksis pre-existing medical reports will be considered and necessary equipment and therapies will be provided free of cost based on medical advice. In the letter, the MHA has categorised the assurance as a sovereign commitment, made in consultation with the state government and prison authorities, and asserted that it cannot be overridden by administrative or judicial discretion under Indian law. It said that oversight mechanisms at the barrack include prison administration monitoring, inspections by the National and State Human Rights Commissions (NHRC/SHRC) and judicial supervision, as channels for complaints and remedial action in cases of substantiated mistreatment are also available. Mehul Choksi's bail plea rejected by Belgian court ahead of extradition hearing: Officials According to officials, a comprehensive framework was presented to assist Belgian courts in evaluating whether the detention conditions Choksi in India meet international human rights standards, particularly those aimed at preventing torture or inhuman or degrading treatment. They said that such assurances were commonly used in extradition proceedings to address concerns under Article 3 of the European Convention on Human Rights. The officials said that now the Belgian courts - including the Chambers of Indictment in Antwerp, where extradition proceedings are reportedly advanced - will assess these assurances alongside the legal and evidentiary requirements for surrender. If the guarantees are deemed sufficient and all legal conditions for extradition are met, Choksi could be surrendered to India to stand trial in the CBI case, they added. Choksi was arrested in Belgium in April this year following a formal request from Indian authorities. He and his nephew, Nirav Modi, are the primary accused in the PNB fraud case involving fraudulent transactions of over Rs 13,000 crore.