Fugitive Nirav Modi seeks permission to appeal extradition in UK top court

Fugitive Nirav Modi seeks permission to appeal extradition in UK top court

Nirav Modi, 51, lost the appeal earlier this month on mental health grounds.


Fugitive diamond trader Nirav Modi has filed an application in the High Court of London seeking permission to appeal in the Supreme Court against his extradition order.

The 51-year-old diamantaire lost an appeal on mental health grounds earlier this month after a two-judge bench of the High Court ruled that the risk of suicide was not such that he should be extradited to India to face it. To do so would be either unjust or oppressive. Allegations of cheating and money laundering in the estimated USD 2 billion Punjab National Bank (PNB) loan scam case.

Nirav Modi, who is behind bars at Wandsworth prison in London, had two weeks to file an application to lodge an appeal on grounds of the law of general public importance, which according to experts is a high threshold that Many times it is not completed. ,

UK Home Office sources said it is unknown if and when extradition could happen as Nirav Modi still has legal challenges.

The Crown Prosecution Service (CPS), which is acting on behalf of the Indian authorities, is now expected to respond to the latest application, which then leads to a High Court judge delivering a ruling on paper – without a full hearing.

Given the Christmas holiday period next month, the whole process could eventually take place in the new year.

On 9 November, Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeal at the Royal Courts of Justice in London, ruled that they were “far from certain that Mr Modi’s mental state and suicide The risk is such that it would be either unjust or oppressive to extradite him”.

His decision found every reason to accept that the Government of India (GoI) would treat his assurances with “due seriousness” on Nirav’s medical care at Barrack 12 of Arthur Road Jail in Mumbai.

“Based on the assurances that the GoI has given, we accept that there will be suitable medical provision and a suitable plan for the management and medical care of Shri Modi, which will be provided in the knowledge that he is a suicide. The risk ( i.e. a person who, in the absence of preventive measures, may or will attempt suicide and will or is likely to succeed),” read the judgment.

If his attempt to get his appeal heard in the Supreme Court fails, then in theory, Nirav Modi can apply to the European Court of Human Rights (ECHR) to block his extradition on the grounds that He will not receive a fair trial and will be detained in conditions that violate Article 3 of the European Convention on Human Rights, of which the UK is a signatory.

The threshold for an ECHR appeal is also very high as he must also demonstrate that his arguments have previously been rejected on those grounds before UK courts.

The High Court’s dismissal of the appeal earlier this month marked a major victory in the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman, who has been in jail since his arrest on an extradition warrant in March 2019. is in

The latest High Court judgment mentions three sets of criminal proceedings against diamond merchants in India – the CBI case of fraud on PNB that caused a loss of over 700 million GBP, the ED case of alleged laundering of proceeds of that fraud and the third set of criminal proceedings relating to alleged interference with evidence and witnesses in CBI proceedings.

Britain’s then Home Secretary, Priti Patel, ordered Nirav’s extradition in April 2021 based on the Westminster Magistrates Court’s decision by Judge Sam Gozzi and the case has been going through the appeal process since then.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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