New Delhi: The treaty was first signed on 29 October 1901 between Britain, who was ruling India at the time, and Belgium and underwent amendments in 1907, 1911, and 1958.
After a 7-year-long wait, when Mehul Choksi, a fugitive diamond trader accused of defrauding the Punjab National Bank of over ₹13,500 crore, was arrested in Belgium last Saturday, Indian agencies made use of an almost 125-year-old treaty to extradite him to India.
India has appealed Belgium for Choksi’s extradition so that he can be tried for the charges levied against him in the country. But what’s the origin for this treaty
This extradition treaty was first signed on October 29, 1901 between Britain, which was ruling India at the time, and Belgium. It, according to reports, underwent amendments in 1907, 1911, and 1958. Even after India got independence from British rule, the two countries (India and Belgium) decided to continue the treaty through an exchange of letters in 1954.
A person can be extradited between India and Belgium for some serious crimes such as murder, manslaughter, forgery or counterfeiting of money, fraud, rape, extortion, illegal drug trafficking, and more.
Know the key features of this treaty
- The crime the person is accused of or charged with shall be considered a punishable crime in both the countries.
- Enough and strong evidence of either conviction of the said criminal/accused or their crimes. In case, they are yet to be tried, it shall be presented by the country seeking extradition.
- Neither country is obliged to extradite their own citizen(s).
- An extradition request can be denied if it is found to be politically motivated
- If the country seeking extradition of an accused or a criminal does not make a formal request within 14 days of the said person’s arrest, that person may be released.
- The person can also be released if enough proof of their crime is not put forth within two months of their arrest.
- Also, an extradited person cannot be tried for any new crime after their extradition.
- The person cannot be sent to a third country without their home country’ permission.
