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HomeWorldFugitive Nirav Modi Seeks Permission To Appeal Extradition In UK Top Court

Fugitive Nirav Modi Seeks Permission To Appeal Extradition In UK Top Court


Fugitive Nirav Modi asks for permission to appeal extradition at UK Supreme Court

Nirav Modi, 51, lost his case on mental health grounds earlier this month.

London:

Runaway diamond trader Nirav Modi has applied to the High Court in London, seeking permission to appeal his extradition order to the High Court.

51-year-old Diamantaire lost his case on mental health grounds earlier this month, when a bench of two Supreme Court justices ruled that his suicide risk was not to the extent of his extradition to India Degree to face is injustice or oppression. alleged fraud and money laundering in an estimated $2 billion loan scam by Punjab National Bank (PNB).

Nirav Modi, who remains behind bars at London’s Wandsworth Prison, has had two weeks to file an appeal, citing a view of the law of general importance to the public, which experts say is a high threshold is not often met.

UK Home Office sources said it was not yet known if extradition could take place and when Nirav Modi still had legal challenges facing him.

The UK Public Prosecution Service (CPS), on behalf of the Indian authorities, is now expected to respond to the latest application, whereby a Supreme Court judge will issue paper rulings – without the need for a full hearing.

The whole process could eventually fall on New Year’s Eve, due to the Christmas holiday period next month.

On 9 November, Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over an appeal at the Royal Courts of Justice in London, ruled that they were “far from satisfied that their state of mind is Modi’s god and the possibility of suicide.” it would be unjust or oppressive to extradite him.”

Their ruling also gives every reason to accept that the government of India (GOI) will treat its guarantees regarding Nirav’s medical care at Barracks 12 of Arthur Road Jail in Mumbai with “a level of appropriate severity”.

“On the basis of the assurances given by GoI, we accept that there will be adequate medical supplies and a suitable plan for the management and medical care of Mr. Modi, which will be made available when know that he is a suicidal person. risk (i.e. a person who, in the absence of preventive measures, may or will attempt suicide and will or may succeed),” the ruling reads. .

In principle, if his appeal attempt at the Supreme Court is unsuccessful, Nirav Modi can apply to the European Court of Human Rights (ECHR) to try to block his extradition on that he will not receive a fair trial and that he will be detained under conditions in violation of Article 3 of the European Convention on Human Rights to which the United Kingdom is a signatory.

The ECHR’s threshold of appeal is also very high as he will also have to show that his arguments on those grounds before a UK court have been previously rejected.

The Supreme Court’s rejection of an appeal earlier this month marked a major victory for the Central Bureau of Investigation (CBI) and the Department of Execution (ED) over the businessman, who has been in prison since when he was arrested under an extradition order in March 2019.

The latest Supreme Court ruling records three sets of criminal proceedings against Diamantaire in India – the CBI scam PNB causing losses equivalent to over GBP 700 million, the ED case involving allegations of number laundering proceeds from that scam and a third group of criminal proceedings related to alleged interference with evidence and witnesses in CBI proceedings.

Thereafter, the UK Home Secretary, Priti Patel, ordered Nirav’s extradition based on the judgment of Judge Sam Goozee’s Westminster Magistrates Court in April 2021 and the case has undergone an appeals process since from that.

(Except for the title, this story has not been edited by NDTV staff and is published from an aggregated feed.)

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