PNB loan scam case | Nirav Modi to be extradited to India, loses appeal in U.K. High Court

Nirav Modi is the topic of two units of felony proceedings, with the CBI case regarding a large-scale fraud upon PNB, and the ED case regarding the laundering of the proceeds of that fraud

Nirav Modi is the topic of two units of felony proceedings, with the CBI case regarding a large-scale fraud upon PNB, and the ED case regarding the laundering of the proceeds of that fraud

Diamond merchant Nirav Modi on November 9 misplaced his enchantment towards extradition on psychological well being grounds because the High Court in London dominated that his threat of suicide shouldn’t be such that it could be both unjust or oppressive to extradite him to India to face expenses of fraud and cash laundering.

Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the enchantment listening to on the Royal Courts of Justice earlier this 12 months, stated of their verdict that District Decide Sam Goozee’s Westminster Magistrates’ Court docket order from final 12 months in favour of extradition was “sound”.

The go away to enchantment within the Excessive Court docket had been granted on two grounds — underneath Article 3 of the European Conference of Human Rights (ECHR) to listen to arguments if it could be “unjust or oppressive” to extradite 51-year-old Mr. Modi on account of his psychological state and Part 91 of the Extradition Act 2003, additionally associated to psychological well being.

“Pulling these varied strands collectively and weighing them within the stability in order to succeed in an total evaluative judgment on the query raised by Part 91, we’re removed from glad that Mr. Modi’s psychological situation and the chance of suicide are such that it could be both unjust or oppressive to extradite him,” the ruling states.

“It might be that the principle advantage of the enchantment has been to acquire the in depth additional [Indian Government] assurances that we have now recognized in the middle of this judgment, which render the place clear to Mr. Modi’s benefit and the District Decide’s choice supportable,” the judges dominated.

As he has misplaced this enchantment listening to, Mr. Modi can method the Supreme Court docket on some extent of regulation of public significance, to be utilized for to the Supreme Court docket towards the Excessive Court docket’s choice inside 14 days of a Excessive Court docket verdict. Nonetheless, this entails a excessive threshold as appeals to the Supreme Court docket can solely be made if the Excessive Court docket has licensed that the case entails some extent of regulation of normal public significance.

Lastly, in spite of everything avenues within the UK courts are exhausted, the diamantaire might nonetheless search a so-called Rule 39 injunction from the European Court docket of Human Rights (ECHR). Due to this fact, the method of bringing him again to India to be lodged at Arthur Highway Jail in Mumbai and stand trial for fraud and cash laundering amounting to an estimated $2 billion within the Punjab National Bank (PNB) loan scam case nonetheless has some method to go.

His authorized workforce are but to touch upon any plans to enchantment the Excessive Court docket verdict. In the meantime, Mr. Modi stays at Wandsworth Jail in south-west London since his arrest in March 2019.

Mr. Modi is the topic of two units of felony proceedings, with the Central Bureau of Investigation (CBI) case regarding a large-scale fraud upon PNB via the fraudulent acquiring of letters of enterprise (LoUs) or mortgage agreements, and the Enforcement Directorate (ED) case regarding the laundering of the proceeds of that fraud.

He additionally faces two extra expenses of “inflicting the disappearance of proof” and intimidating witnesses or “felony intimidation to trigger loss of life”, which had been added to the CBI case. 

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