United Kingdom Judicial Authorties agree to re-examine Nirav Modi's extradition appeal, prompting India to prepare a comprehensive legal reaction
The extradition of fugitive diamond merchant Nirav Modi from the UK to India has taken a new turn, with his latest plea to reopen his mycase causing complications in the proceedings.
According to reports, Modi has argued that he could face torture during questioning if extradited to india, a claim that the Indian government plans to counter in court. The Indian authorities maintain that, if extradited, Modi would only face trial under Indian law.
The extradition process had been moving ahead without specific hurdles, especially after Prime Minister Modi's visit to the UK in July this year. However, the latest development has added a new layer of complexity to the case.
Nirav Modi was arrested by Scotland Yard after India's extradition request in March 2019. He is currently held in Wandsworth Prison near London. The Enforcement Directorate (ED) has seized assets worth Rs 2,598 crore from Nirav Modi under the money laundering law, and Rs 981 crore has already been returned to the banks defrauded by him.
The investigating agencies are rushing to prepare a formal reply for London to avoid a lengthy legal battle. Both the CBI and the Enforcement Directorate were confident that the extradition would happen soon. However, the UK court has allowed Nirav Modi to reopen his mycase, which may delay the process.
In a related development, Nirav Modi's brother, Nehal Modi, was arrested in the US as India seeks extradition in the PNB fraud case. Nehal Modi's extradition from the US is pending, with legal proceedings including "confidential" ones reportedly ongoing regarding his extradition.
The Indian government is preparing a detailed reply to be sent through diplomatic channels to counter the claim made by Nirav Modi's legal team. A visit by the UK's Crown Prosecution Service (CPS) to Tihar Jail in Delhi in July gave a positive review of prison conditions, which may strengthen India's case for Nirav Modi's extradition.
The date of hearing for Nirav Modi's extradition case has not been set yet. The UK High Court upheld the extradition order on November 9, 2022, and dismissed his request to appeal to the UK Supreme Court. The extradition order for Nirav Modi was issued by Westminster magistrates' court on February 25, 2020.
The Indian government has also been fighting a case in the UK to bring back overseas assets linked to Nirav Modi worth Rs 130 crore. Nirav Modi has been officially declared a fugitive economic offender under the FEO Act, 2018.
The saga of Nirav Modi's extradition continues, with the latest development adding a new twist to the case. The Indian authorities remain confident that they will be able to bring Modi to justice and recover the stolen funds. The date of the hearing for the extradition case has not been announced yet, but the case is expected to be a significant test of the UK-India extradition treaty.
