The continuation enchantment listening to within the extradition case of Nirav Modi, the fugitive diamond service provider needed in India to face fees of fraud and cash laundering amounting to an estimated USD 2-billion Punjab National Bank (PNB) rip-off case, is listed to be heard within the High Court in London on June 28.
The 51-year-old diamond service provider had lodged an enchantment towards his extradition order on psychological well being grounds.
“The hearing is listed for the 28th June,” confirmed the Royal Courts of Justice administrative workplace final week.
Lord Justice Jeremy Stuart-Smith and Justice Robert Jay presided over an preliminary listening to on the courtroom in December final 12 months to find out whether or not District Judge Sam Goozee’s Westminster Magistrates’ Court ruling from February 2021 in favour of extradition was incorrect to miss the diamond service provider’s “high risk of suicide”.
The listening to subsequent month is for the continuation of that enchantment.
According to officers acquainted with the case, the Indian authorities has given assurances in regards to the situations by which Modi can be detained if surrendered to India and the amenities that can be out there to look after his “physical and mental health”.
At the June listening to, either side can be making submissions on whether or not these assurances are adequate and will be relied upon.
“He is at high risk of suicide already and his condition is likely to deteriorate further in Mumbai,” Edward Fitzgerald QC had argued on behalf of Modi through the December enchantment listening to.
Modi, in the meantime, stays behind bars at Wandsworth Prison in south-west London since his arrest in March 2019.
The High Court hearings observe a ruling in August final 12 months by High Court Justice Martin Chamberlain that arguments regarding the jeweller’s “severe depression” and “high risk of suicide” had been controversial at a full enchantment listening to.
The enchantment towards Judge Goozee’s ruling to ship the case to UK Home Secretary Priti Patel for extradition was granted go away to enchantment within the High Court on two grounds – beneath Article 3 of the European Convention of Human Rights (ECHR) to listen to arguments if it could “unjust or oppressive” to extradite Modi as a result of his psychological state and Section 91 of the Extradition Act 2003, additionally associated to psychological unwell well being.
Modi’s “high risk of suicide” and the “adequacy of any measures capable of preventing successful suicide attempts in Arthur Road prison” had been deemed because the focal factors for the enchantment.
The permission to enchantment was denied on all different grounds, together with the admissibility of proof offered by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) and Patel’s extradition log off.
The High Court additionally famous that the District Judge’s method to the identification of a prima facie case within the PNB fraud case was “correct”.
Modi’s authorized crew has sought to ascertain that it could be oppressive to extradite him as a result of his psychological situation that might result in suicidal impulses, given the household historical past of suicide of his mom, and that he’s vulnerable to “flagrant denial of justice” in India.
The legal professionals have additionally claimed the COVID-19 pandemic is “overwhelming” the Indian jail system.
The Crown Prosecution Service (CPS), arguing on behalf of India, has highlighted the “high level of diplomatic assurance” to supply enough medical consideration to the accused on being extradited to face trial in India.
Modi is the topic of two units of felony proceedings, with the CBI case referring to a large-scale fraud upon PNB by means of the fraudulent acquiring of letters of endeavor (LoUs) or mortgage agreements, and the ED case referring to the laundering of the proceeds of that fraud.
He additionally faces two extra fees of “causing the disappearance of evidence” and intimidating witnesses or “criminal intimidation to cause death”, which had been added to the CBI case.
If Modi wins this enchantment listening to within the High Court, he can’t be extradited until the Indian authorities is profitable in getting permission to enchantment on the Supreme Court on some extent of regulation of public significance.
On the flip facet, if he loses this enchantment listening to, Modi can method the Supreme Court on some extent of regulation of public significance, to be utilized for to the Supreme Court towards the High Court’s choice inside 14 days of a High Court verdict. However, this includes a excessive threshold as appeals to the Supreme Court can solely be made if the High Court has licensed that the case includes some extent of regulation of basic public significance.
Finally, after all of the avenues within the UK courts are exhausted, the diamantaire may nonetheless search a so-called Rule 39 injunction from the European Court of Human Rights.
Source: www.financialexpress.com”