Fugitive diamond dealer Nirav Modi – needed by the Central Bureau of Investigation and the Enforcement Directorate for Rs 13,500 crore financial institution mortgage fraud case – moved one step nearer to extradition on Wednesday, His attraction was dismissed by the High Court in London,
Modi had appealed in opposition to the extradition order of the district courtroom on grounds of psychological well being. He had argued that he was affected by melancholy and that his extradition to India could improve his tendency to commit suicide.
But the High Court in London dominated that his suicide danger was not such that it could be unjust or oppressive to extradite him to face expenses of fraud and cash laundering. The courtroom, in reality, noticed that the preparations ensured by the Government of India in Mumbai’s Arthur Road Jail had been extra in depth than these in Britain the place it was lodged.
Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeals listening to on the Royal Court of Justice earlier this yr, stated of their ruling that the events to final yr’s extradition to Westminster Magistrates’ Court of District Judge Sam Goozy In the command was “Sound”.
Appeals to the High Court had been granted on two grounds referring to psychological well being – below Article 3 of the European Convention on Human Rights (ECHR) and Section 91 of the Extradition Act 2003.
The 51-year-old fugitive diamond service provider has the choice of interesting additional in UK and European courts and the method to deliver him again for trial in India is unlikely to be expedited.
Modi, together with Mehul Choksi, is needed by the CBI and the ED for defrauding Punjab National Bank in loans of about Rs 13,500 crore. Choksi is at present in Antigua.
After contemplating all of the proof and professional opinion on Modi’s medical situation, the judges noticed, “…we are not satisfied that Mr. Modi’s mental condition and the risk of suicide are such that it is unjust or unjust to extradite him.” could be repressive… Reason for a similar, the attraction is dismissed.” However, he acknowledged that the risk of suicide in the event of extradition could be described as “excessive” or “substantial”.
The judges stated they had been glad with the Indian authorities’s assurance on the preparations and medical care supplied to Modi in Mumbai’s Arthur Road Jail.
Modi had stated that there have been no prescribed protocols in Arthur Road Jail for psychological well being care and prevention of suicides by prisoners. They submitted that their care would largely be handed over to jail authorities fairly than specialist psychological well being nurses.
“In our judgment … the assurances from the Government of India are broad and … particular to fulfill the successive ranges of concern which were superior by Mr. Modi. Gone, they’re acceptable to the current and projected psychological state of Mr. Modi.
In reality, he stated, it was higher than the assurances Modi had obtained throughout his keep at HMP Wandsworth since his arrest within the UK in March 2019. “They are, in many ways, more comprehensive than the regime that has been implemented. at HMP Wandsworth. In particular, the arrangement of weekly attendance (and more often if necessary) by a JJ Hospital psychiatrist and assurance of attendance by a psychologist when required, along with assurances from a private practitioner or psychic about the availability of relevant and necessary treatment . The health expert of his choice goes far beyond the rule of HMP Wandsworth,” the order stated.
The courtroom rejected the opinion of a psychological well being professional that Modi would commit suicide regardless of the steps taken. “An individual’s danger of committing suicide will increase with the severity of their underlying situation, and Mr. Modi is neither nor prone to be on the most extreme finish of the depressive sickness scale. Second, he has not reported any psychological sickness to date. Has not displayed the trait. Third, though he has displayed persistent suicidal ideas, he has neither tried suicide nor tried self-harm nor disclosed plans to take action, besides most In a obscure and generic method,” the order stated.
The courtroom additionally noticed that Modi has been recorded on a number of events previously as considering suicidal ideation sooner or later sooner or later. “This doesn’t assist the notion that, if he makes an attempt to commit suicide, it would lead to him shedding his compulsion/need/skill to withstand the desire/intent (within the sense we have now mentioned); Rather, it means that their motion will likely be rational and considerate,” the order stated.
It underlined that “there is a public interest in giving effect to treaty obligations and this is an important factor to take into account.”
However, the excessive courtroom held that the district decide, who had earlier ordered Modi’s extradition, determined to proceed with the choice with out requiring additional assurances from the Indian authorities, which was “bold to the point of being foolish”. .
“To that extent, we will accept that there were grounds to challenge his argument. His conclusion, however, was sound,” the order stated.
“The main advantage of the appeal is to obtain the comprehensive and assurances that we have identified during this judgment, which clarify the position for the benefit of Mr. Modi and the support of the District Judge’s decision,” it stated.
The then UK Home Secretary Priti Patel had ordered Modi’s extradition in April final yr on the idea of a district decide’s choice and the case has been going by means of an appeals course of since then.
Since he has misplaced the attraction listening to, Modi can method the Supreme Court on a problem of regulation of public significance to use to the Supreme Court in opposition to the High Court’s choice inside 14 days of the High Court’s choice. However, this entails a better restrict as an attraction to the Supreme Court will be made provided that the High Court has licensed that the matter entails a regulation of normal public significance.
Finally, in any case avenues in UK courts have been exhausted, the diamond dealer can nonetheless search a so-called Rule 39 injunction from the European Court of Human Rights (ECHR). So, the method of bringing him again to India nonetheless has some option to go.
His authorized crew is but to touch upon any plans to attraction in opposition to the excessive courtroom’s choice.– With PTI inputs
With inputs from TheIndianEXPRESS
