UK court admits Nirav Modi’s plea against extradition; India prepares rebuttal
Nirav Modi is understood to have argued, citing certain testimonies, that he will be interrogated by multiple agencies and may face torture in India.
A UK court has accepted a plea from Nirav Modi to “reopen” his extradition proceedings, a move that could delay his extradition to India where he faces charges of defrauding a bank.
Following the UK court’s acceptance of the application, Indian government officials and investigating agencies are scrambling to send a formal response to London, in an effort to prevent a long-drawn legal battle.
“Nirav Modi, through his legal team, filed an application before the Westminster court in the UK last month, seeking to reopen the appeal against his extradition to India. The court has accepted it and a notice has been served to the Indian government,” said a senior government official, asking not to be named.
ALSO READ | As India seeks to bring back Vijay Mallya, Nirav Modi, UK team assesses Tihar facilities
In his plea, Nirav Modi is understood to have argued – citing certain testimonies – that “if extradited to India, he will be interrogated by multiple agencies and may face torture during such interrogation,” the official added
The court is yet to fix a date for hearing the plea.
“We are preparing a detailed response, to be sent through proper diplomatic channels, rebutting his claims and urging the court to dismiss the application, since the extradition order had already attained finality in 2022,” said a second government official, who also requested anonymity.
The Indian government also plans to inform the court that, if extradited, Nirav Modi will face trial strictly in accordance with Indian law, and will not be subjected to interrogation by any agency.
ALSO READ | ED to release Nirav Modi’s assets worth ₹60 crore to PNB
Government officials say the extradition process was moving smoothly– particularly after Prime Minister Narendra Modi’s visit to the UK in July this year, when both countries signed a free trade agreement. Both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) were hopeful of an imminent extradition. In fact, a visit by the UK’s Crown Prosecution Service (CPS) to Delhi’s Tihar jail in July provided a positive assessment of Indian prison conditions, as exclusively reported by HT.
Accused of defrauding Punjab National Bank (PNB) of ₹6,498 crore [part of a total ₹13,578 crore fraud, with around ₹7,000 crore linked to his uncle Mehul Choksi], Nirav Modi has been lodged at Wandsworth Prison on the outskirts of London since March 19, 2019. He was arrested by Scotland Yard on the basis of India’s extradition request.
ALSO READ | Nirav Modi making farcical claims for bail: Officials
On February 25, 2021, a district judge at Westminster magistrates’ court ordered his extradition to India. The order was upheld by the UK High Court on November 9, 2022. The high court also rejected his plea to appeal to the UK Supreme Court, effectively exhausting his legal options.
“The latest development, however, has complicated the process. We will make every effort to ensure it doesn’t escalate into a prolonged legal battle,” the first official said.
It is alleged that Nirav Modi and his companies obtained credit from PNB through fraudulently issued Letters of Undertaking (LoUs) worth ₹6,498 crore, which were used to raise buyers’ credit and fund the bank’s nostro accounts via overseas branches of Indian banks. The funds were then siphoned off and laundered through foreign entities and assets.
Nirav Modi has been declared a fugitive economic offender under the FEO Act, 2018. His assets worth ₹2,598 crore have been attached by ED under the prevention of money laundering act (PMLA), and ₹981 crore has been restored to the victim banks.
Indian agencies are also pursuing legal proceedings in the UK to transfer to India overseas assets worth ₹130 crore linked to Nirav Modi.
