A High Court choose in London on Monday dominated in favor of extradition of fugitive diamond service provider Nirav Modi to India to face prices of fraud and cash laundering earlier than Indian courts on grounds of psychological well being and human rights. allowed to enchantment towards.
Justice Martin Chamberlain delivered his ruling remotely underneath COVID-19 guidelines, concluding that the arguments offered by the 50-year-old diamond product owner’s authorized crew relating to his “severe depression” and “high risk of suicide” have been ample listening to. have been debatable.
He additionally famous that the adequacy of measures able to stopping “successful suicide attempts” at Arthur Road Jail in Mumbai, the place Nirav Modi is to be detained on extradition, additionally comes underneath debate.
“At this stage, the question for me is simply whether the appellant’s case is reasonably debatable on these grounds. In my judgment, it is. I will allow the appeal on Grounds 3 and 4,” Justice Chamberlain’s ruling Note.
Bases 3 and 4 relate to Article 3 of the European Convention on Human Rights (ECHR) or the best to life, liberty and security, and Section 91 of the UK Criminal Justice Act 2003, which offers with health for petition.
The choose noticed that the arguments made underneath each the grounds overlap on this case as they each primarily rely on the psychological well being of the appellant Nirav Modi.
“I will not restrict the grounds on which those grounds can be argued, although it seems to me that special consideration should be given to whether the judge had done wrong in arriving at his conclusion, with regard to the seriousness of the appellant. given the evidence [Nirav Modi’s] depression, high risk of suicide and the adequacy of any measure capable of preventing successful suicide attempts at Arthur Road Prison,” the ruling notes.
Permission to enchantment on all different grounds was denied and the matter will now proceed for a concrete listening to earlier than the High Court in London underneath Grounds 3 and 4.
The diamond dealer, needed to face prices of fraud and cash laundering in reference to the estimated USD 2 billion Punjab National Bank (PNB) rip-off in India, in the meantime stays in Wandsworth Prison in south-west London.
Nirav Modi is the topic of two units of legal proceedings, together with the CBI case referring to large-scale fraudulent letters (LoUs) or mortgage settlements on PNB, and the Enforcement Directorate (ED) case. Laundering of that fraudulent proceeds.
He additionally faces two extra prices of “disappearance of evidence” and intimidation of witnesses or “criminal intimidation to cause death”, which have been added within the CBI case.
India is a chosen Part 2 nation based mostly on the Extradition Act 2003, which suggests it’s the UK Cabinet Minister who has the authority to order the extradition of the individual requested in any case authorized points have been settled within the courts.
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With inputs from TheIndianEXPRESS
