No overcrowding or solitary confinement: MHA assures Belgium on jail facilities if Choksi extradited

The Union Home Ministry informed the Belgian authorities that the personal living space for each inmate of the prison is in line with the minimum space requirement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.

New Delhi: Absconding diamantaire Mehul Choksi, if extradited from Belgium, will be housed in Barrack Number 12 at the Arthur Road jail in Mumbai. With this arrangement, there would be no chance of overcrowding or solitary confinement, as at least one more economic offender is expected to be housed in his cell.

The Union Home Ministry informed the Belgian authorities through a September 4 communiqué that the personal living space for each inmate in Barack number 12 of the prison is in line with and fully meets the minimum space requirement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.

Choksi was arrested in Belgium in April based on an extradition request from the CBI. He is wanted in the Rs 13,000 crore bank fraud case in Punjab National Bank, which he allegedly orchestrated along with his nephew Nirav Modi.

Choksi (66) had fled to Antigua and Barbuda, where he had taken citizenship months before the scam became public.

After he was stopped in Belgium, the CBI, the External Affairs Ministry, and the Home Ministry swung into action to get him extradited to India to face the law.

The home ministry's letter to the Belgian authorities is based on details received from the Maharashtra Prison Department about the arrangements to house Choksi in the event of his extradition, and aims to convince them that the prison arrangements meet European standards.

It has sent these details to the authorities in Antwerp, where arguments for his extradition are likely to start in court soon. Such assurances are standard while seeking extradition from abroad.

In the letter, MHA Joint Secretary Rakesh Kumar Pandey stated that the argument of overcrowding cannot be made in relation to the Arthur Road jail's barrack number 12.

There are no prisoners in cells one and two of the barrack presently, and the minimum requirement of three square meters per person is "adequately provided", it said.

"Mehul Choksi will not be held in conditions that amount to solitary confinement. Choksi would be held in his cell inside Barrack number 12 of Arthur Road prison with at least one more prisoner (accused of economic offences or white collar crime with whom he would share a common language)," it said.

The cell in which Choksi will be detained is approximately 20 feet by 15 feet and has a separate toilet and washroom, the MHA letter said.

It detailed that the ceiling is approximately 15 feet in height, with three windows, five upper ventilators, and a grilled main door, which provides sufficient air circulation.

The MHA letter to Belgian authorities said there is a "high level of security" provided at the entrance of the barrack with several CCTVs, a prison officer and a prison guard on duty round the clock.

"Barrack No. 12 is separate from the general prison complex and hence there is no question of overcrowding, violence and extortion in Barrack No. 12. Inmates in the Arthur Road prison complex are segregated according to age, type of crime, and their special needs, if any, such as physical disability, medical requirements, etc," it said.

Violent and habitual prisoners are kept in separate high-security cells.

The letter assured the Belgian authorities that Choksi would be provided a clean, thick cotton mat, pillow, bed sheet, and blanket in the cell, which would be swept and mopped daily, and rubbish would be cleared twice daily.

There would be no air conditioning or heating, as there is no such requirement in Mumbai's tropical climate.

"The cells in Barrack number 12 have three grilled windows and one grilled door facing the passage, which is directly in front of the living areas of the cell.

"This passage receives natural light throughout the day...There are three ceiling fans in each of the living space areas and three ceiling fans in the hallway/passage area directly in front of the living space area," the letter said.

Listing out other facilities like flush toilets attached in the cell, daily supply of fresh drinking water, outdoor exercises, rest areas, board games such as chess, carrom, and badminton, the prison department said Art of Living Yoga Sessions are also provided to the inmates of the Barrack, which also has a 15-feet-by-40-feet "open to sky" yard.

It stated that, apart from daily newspapers in English and local languages, terrestrial TV channels, video conferencing facilities, and telemedicine services are also available in the barracks.

Meeting with blood relatives is permitted once a week, and lawyer meetings are allowed daily, the letter stated.

The prison authorities stated that round-the-clock medical facilities are available, and they include a separate prison hospital, six medical officers, regular visits by external medical consultants, and an in-house ambulance. Choksi would be sent for regular specialist consultations at the government hospital if such a need arises.

In the event of an emergency, he will be transferred to the JJ Group of Hospitals, and regular visits from specialist consultant doctors will be scheduled on a weekly basis, the MHA letter stated.

"If any medical reports of Mehul Choksi are shared with the Government of India before or at the time of his extradition, they will be considered by the medical and prison authorities in India. His travel to India will be arranged with his medical condition in mind," it said.

The letter also said that the government has given an assurance that Choksi will also have the choice of receiving treatment from a private doctor or mental health expert of his choice in prison or over video link, as and when required and paid for by him.

"If, on medical advice, he requires treatment in hospital, he can be moved to JJ Hospital, or if so advised by JJ Hospital, to any other medical facility, if required.

"Appropriate arrangements would be made for his security. He would be allowed to use his funds available with him or the funds of his family or friends for this purpose", the MHA letter said.