New Delhi: The Ministry of Home Affairs (MHA), Government of India, has provided a formal letter of assurance to Belgium’s Ministry of Justice and the relevant Belgian judicial authorities, outlining the conditions under which Indian businessman Mehul Choksi—wanted in a Bank Fraud case—would be detained if extradited from Belgium to India.
Issued in consultation with the Government of Maharashtra and prison authorities, the assurances detail material, medical, and procedural safeguards to address human rights concerns raised in the extradition process.
The assurances accompany India’s request for Choksi’s surrender in a Central Bureau of Investigation (CBI) case. He faces charges under multiple sections of the Indian Penal Code (IPC), including criminal conspiracy (Section 120-B), cheating (Sections 409, 420, 477A, and 201), and relevant provisions of the Prevention of Corruption Act (POCA), 1988. By specifying the detention facility, occupancy limits, medical care, and oversight mechanisms, India aims to provide Belgian authorities with operational guarantees that Choksi’s custody will meet internationally accepted standards.
The MHA designated Barrack No. 12 at Arthur Road Jail, Mumbai for Choksi’s detention. The letter assures humane treatment, including a minimum of three square meters of personal space per detainee (excluding furniture), in line with the Council of Europe’s Committee for the Prevention of Torture norms. The barrack, with a maximum capacity of six, currently has two vacant cells.
Sleeping arrangements include a cotton mattress, pillow, bed sheet, and blanket, with metal or wooden beds provided as medically advised. Cells feature grilled windows, ventilators, ceiling fans, regular cleaning, pest control, and a continuous municipal water supply. Sanitation facilities include a flush toilet, wash basin, and bathing amenities within the cell.
The MHA letter states that detainees will receive three meals daily, with special diets allowed based on medical approval. Additional facilities include a jail canteen, fruits, snacks, daily outdoor exercise, indoor recreation (board games, badminton), yoga, meditation, and access to a library.
Medical care is available 24×7 with six medical officers, nursing staff, pharmacists, and laboratory support. A 20-bed prison hospital with ICU capability is on-site, with emergency referral to Sir J.J. Group of Hospitals nearby. Private medical care is also permitted at the detainee’s expense. Choksi’s existing medical records will be considered, and required therapies or equipment will be provided free of cost.
Barrack No. 12 is segregated from the main complex, continuously monitored by CCTV, and staffed with guards. It houses non-violent offenders and is free from overcrowding, violence, or extortion. Legal access is ensured, including daily lawyer meetings (except Sundays and public holidays), weekly visits from blood relatives, and telephone and video-conferencing facilities.
The MHA emphasized that these assurances are a sovereign commitment, binding under Indian law, and cannot be overridden by administrative or judicial discretion. Oversight includes prison administration monitoring, inspections by the National and State Human Rights Commissions, and judicial supervision, along with clear complaint and remedial mechanisms.
Prison staff undergo extensive training, including a six-month initial program, periodic refresher courses, a one-year intensive induction, and practices such as yoga and meditation to enhance restraint and control.
The assurances were submitted to help Belgian courts assess whether Choksi’s detention conditions meet international human rights standards, particularly protections against torture or inhuman or degrading treatment, as required under Article 3 of the European Convention on Human Rights. Belgian courts, including the Chambers of Indictment in Antwerp, will evaluate these guarantees alongside legal and evidentiary criteria for extradition. If deemed sufficient and all legal conditions are met, Choksi could be extradited to India to face trial.
Choksi was arrested in Belgium in April following India’s formal request. He and his nephew, Nirav Modi, are the main accused in the PNB fraud case, involving fraudulent banking transactions.
