Tag: Nirav Modi

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Court dismisses Nirav Modi’s bail plea

United Kingdom, August 22 (ANI): File photo of Fugitive businessman Nirav Modi remanded to judicial custody till 19th September by Judge Tan Ikram in London Westminster Court on Thursday. (ANI PHOTO)

District Judge John Zani accepted their legal team’s submission that the long passage of time since the last bail application three and a half years ago constituted a change in circumstances to allow the hearing to go ahead…reports Asian Lite News

Fugitive businessman Nirav Modi, who has been in prison in London for over five years, on Tuesday made a new bail application which was rejected by a UK judge who ruled that he continued to pose a “substantial risk” of absconding justice.

The 52-year-old diamond merchant, who lost his extradition battle to face fraud and money laundering charges in India, did not appear for the bail hearing at Westminster Magistrates Court in London but his son and two daughters were present in the gallery.

District Judge John Zani accepted their legal team’s submission that the long passage of time since the last bail application three and a half years ago constituted a change in circumstances to allow the hearing to go ahead.

“However, I am satisfied that there remain substantial grounds against bail. There continues to be a real, substantial risk that the applicant [Nirav Modi] would fail to attend court or interfere with witnesses,” concluded Judge Zani in his judgment after a short hearing.

“This case involves, by any footing, a very substantial fraud allegation… not one where bail can be granted and the application is refused,” he said.

The court heard that while Modi had lost his legal fight against being extradited, there were “confidential” proceedings ongoing which had been instigated by him. This would indicate an asylum application but the only indirect reference made to it in court was when the Crown Prosecution Service (CPS), appearing on behalf of the Indian authorities, dismissed the assertion that the UK Home Secretary may “never be able to order extradition” as incorrect.

“He has demonstrated his complete determination to not face the allegations in an Indian court and it is no exaggeration to say the fraud in question is over USD 1 billion, of which only USD 400 million has been seized. Therefore, he could still have access to significant resources in various jurisdictions,” CPS barrister Nicholas Hearn told the court.

ALSO READ-UK court slaps $8 million fine on Nirav Modi

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UK court slaps $8 million fine on Nirav Modi

The judgment stems from a legal battle between BOI and Modi’s Dubai-based company, Firestar Diamond FZE…reports Asian Lite News

The High Court in London has dealt a significant blow to jailed diamantaire Nirav Modi, issuing a summary judgment ordering him to pay $8 million to the Bank of India (BOI). A summary judgment is a ruling made when the court finds no merit in one party’s case or when one party fails to appear.

The judgment stems from a legal battle between BOI and Modi’s Dubai-based company, Firestar Diamond FZE. The bank had filed an application with the High Court in London to recover $8 million from the company, comprising $4 million in principal and another $4 million in accrued interest.

According to court documents, BOI had extended a $9 million credit facility to Firestar, but when the bank demanded repayment in 2018, Modi was unable to honour the commitment. As Firestar Diamond FZE is based in Dubai, the summary judgment from the UK court is expected to facilitate the recovery process and potentially lead to the auctioning of Modi’s properties and assets worldwide.

Tom Beasley, the barrister representing BOI, successfully argued that Modi had no prospect of success and that a trial was unnecessary. The court was informed that Modi had filed a defence but failed to respond to the bank’s application for a summary judgment.

Judge Jonathan Klein, presiding over the case, concluded that despite Modi’s incarceration, he was given the opportunity to fight the claim brought by BOI. “We are content with the judgment and look forward to the next steps,” said BOI solicitor Milan Kapadia.

The ruling is a significant development in the ongoing legal battles surrounding the disgraced diamantaire, who is currently serving a prison sentence in the UK. Modi is also dealing with challenges in settling his legal bills for his extradition case, which he lost, and has been appearing in court for non-payment of over £150,000 in legal costs.

As the legal proceedings continue, the High Court’s judgment marks a crucial step in BOI’s efforts to recover its funds and hold Modi accountable for his financial obligations.

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HC bars Nirav Modi from moving Supreme Court

Nirav Modi.

The bench of Justice Stuart Smith and Justice Robert Jay of the High Court said there are “no features of psychotic illness”…reports Asian Lite News

In a setback to fugitive diamantaire Nirav Modi, his plea to move the UK Supreme Court against his extradition to India on charges of fraud and money laundering was denied on Thursday.

Modi lost the bid to take his fight against extradition to India on charges of fraud and money laundering to the UK’s Supreme Court. “The appellant’s application for permission to appeal to the Supreme Court is refused,” Lord justice Stuart Smith said in his statement.

The diamantaire, who fled India in 2018 before details of his alleged involvement in large-scale fraud at the Punjab National Bank became public, has argued there is a high risk of suicide if he is extradited.

In November, Nirav Modi filed an application before the UK High Court for permission to appeal against his extradition to India in the UK Supreme Court. He lost the appeal on Thursday to take his fight against extradition to the UK Supreme Court.

Nirav Modi reportedly filed an application in the High Court in London, seeking permission to appeal against his extradition order, two weeks after a UK court dismissed his plea against extradition back to India.

On November 9, Nirav Modi lost his appeal against extradition to India with a United Kingdom court dismissing his plea. Earlier, the High Court of London (United Kingdom) dismissed the appeal of Nirav Modi, who is wanted in India to face money laundering and fraud cases.

The Ministry of External Affairs (MEA) later welcomed the UK High Court’s decision to reject Nirav’s plea.

“India has been vigorously pursuing the extradition of economic fugitives so that they face justice in India. We welcome the decision of the UK High Court. We want to bring him to India as soon as possible,” said MEA spokesperson Arindam Bagchi during a press conference.

Nirav Modi, who is a prime accused in the Rs 13,500 crore PNB scam, had fled India. He lost his appeal after he had moved the High Court in London against extradition on mental health grounds.

The bench of Justice Stuart Smith and Justice Robert Jay of the High Court said there are “no features of psychotic illness”.

The court rejected Nirav Modi’s counsel’s claims that he will die by suicide due to severe depression and said “Nirav Modi neither is nor is very likely to be at the most severe end of the scale of depressive illness”.

“He has so far displayed no features of psychotic illness. Although he has exhibited persistent suicidal ideation, he has neither attempted suicide or deliberate self-harm nor disclosed plans to do so, except in the vaguest and general way,” the court said.

The High Court also noted the steps taken to render Barrack 12 safe and to ensure that there is effective constant monitoring to reduce both the risk of attempted suicide and the prospect of suicide being committed.

The court noted that the Government of India sought the appellant, Nirav Deepak Modi.

Nirav Modi last year had moved the UK High Court against District Judge Sam Goozee’s Westminster Magistrate Court ruling in favour of his extradition. He is presently behind bars at Wandsworth Prison in southeast London. (ANI)

ALSO READ-India submits reply in Nirav Modi’s extradition appeal

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India submits reply in Nirav Modi’s extradition appeal

Nirav Modi.

Modi’s appeal on the grounds of a point of law of general public importance is a high threshold that is not met very often…reports Asian Lite News

The Indian authorities have submitted their legal response to the application filed by fugitive diamantaire Nirav Modi seeking permission to appeal against his extradition order in the UK Supreme Court.

The Crown Prosecution Service (CPS), which appears on behalf of the Indian government in the UK courts, had until Monday to file a response in the High Court in London on the 51-year-old diamond merchant’s plea against being extradited to India to face charges in the estimated USD 2 billion Punjab National Bank (PNB) loan scam case.

The further appeal was filed by his lawyers last month after he lost his initial High Court appeal on mental health grounds, after a two-judge bench ruled that his risk of suicide is not such that it would be either unjust or oppressive to extradite him from Wandsworth Prison in London to Arthur Road Jail in Mumbai to stand trial on fraud and money laundering charges.

“We met the December 5 deadline,” the CPS confirmed.

The High Court in London will now make a decision on whether to grant permission to appeal “on the papers”, without a hearing. This process is likely to take some weeks and is not expected to be completed this year.

“If they refuse to certify a question and leave to appeal then that is the end of the road. If they certify a question but refuse leave, then he applies to the Supreme Court directly for permission,” the CPS has said.

Modi’s appeal on the grounds of a point of law of general public importance is a high threshold that is not met very often.

On November 9, Lord Justice Jeremy Stuart-Smith and Justice Robert Jay who had presided over the appeal at the Royal Courts of Justice in London ruled that they were “far from satisfied that Mr Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him”.

Their verdict also found every reason to accept that the government of India (GOI) will treat its assurances on Modi’s medical care at Barrack 12 of Arthur Road Jail with “appropriate seriousness”.

Home Office sources have indicated that it is unknown if and when extradition may take place as Modi still has legal challenges open to him.

If his attempt to have his appeal heard in the Supreme Court fails, in principle, Modi can apply to the European Court of Human Rights (ECHR) to try and block his extradition on the basis that he will not receive a fair trial and that he will be detained in conditions that breach Article 3 of the European Convention on Human Rights, to which the UK is a signatory.

The threshold for an ECHR appeal is also extremely high because he would also have to demonstrate that his arguments on those grounds before the UK courts have been previously rejected.

The dismissal of the High Court appeal last month marked a major win for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman, who has been in prison since his arrest on an extradition warrant in March 2019.

There are three sets of criminal proceedings against the diamantaire in India – the CBI case of fraud on the PNB which caused losses equivalent to over GBP 700 million, the ED case relating to the alleged laundering of the proceeds of that fraud and a third set of criminal proceedings involving alleged interference with evidence and witnesses in the CBI proceedings.

Then Home Secretary Priti Patel had ordered Modi’s extradition based on Judge Sam Goozee’s Westminster Magistrates’ Court ruling in April 2021 and the case is now undergoing an appeals process on that extradition order.

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Nirav Modi seeks permission to appeal extradition  

Nirav Modi.

The Indian authorities are trying to extradite Nirav Modi from the UK to face charges of defrauding PNB worth Rs 7,000 crore, money laundering and also destroying evidence and intimidating witnesses…reports Asian Lite News

Fugitive diamond trader Nirav Modi has filed an application before the UK high court for permission to appeal against his extradition to India in the UK Supreme Court. Earlier this month, the 51-year-old diamantaire lost an appeal on mental health grounds as the court stated that his risk of suicide was not such that it would be either unjust or oppressive to extradite him to India to face charges of fraud and money laundering.

On November 9, the UK high court cleared the path for his extradition to India, which was seen as a big win for the CBI and the ED case against the businessman.

Indian authorities through Crown Prosecution Service (CPS) will file their submission before the UK high court on the application of Nirav Modi, following which a judge will give a ruling on paper. The judges had said, “We are far from satisfied that Nirav Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him.”

Their verdict also found every reason to accept that the government of India (GOI) will treat its assurances on Nirav’s medical care at Barrack 12 of Arthur Road Jail in Mumbai with ‘appropriate seriousness’.

Nirav Modi, who is currently behind bars at Wandsworth prison in London, had fled India when the Punjab National Bank (PNB) scam was unearthed. Nirav Modi is the prime accused in the Rs 13,000 crore PNB scam.

The Indian authorities are trying to extradite Nirav Modi from the UK to face charges of defrauding PNB worth Rs 7,000 crore, money laundering and also destroying evidence and intimidating witnesses.

In case his attempt to have his appeal heard in the top court fails, in principle, then Nirav Modi can approach the European Court of Human Rights (ECHR) to try and block his extradition on grounds that he won’t receive a fair trial, news agency PTI reported. Then UK Home Secretary, Priti Patel, had ordered Nirav’s extradition based on Judge Sam Goozee’s Westminster Magistrates’ Court ruling in April 2021 and the case has been undergoing an appeals process since then. Nirav Modi is the subject of two sets of criminal proceedings in connection with the PNB scam. The CBI is probing a large-scale fraud upon PNB through the fraudulent obtaining of letters of undertaking (LoUs) or loan agreements while the Enforcement Directorate (ED) is investigating the laundering of the proceeds of that fraud.

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India welcomes ruling to dismiss Nirav Modi’s appeal  

Arindam Bagchi.

The MEA said that India has been vigorously pursuing the extradition of economic fugitives so that they face the legal process in the country…reports Asian Lite News

India has welcomed the UK High Court’s decision which rejected fugitive diamantaire Nirav Modi’s appeal against his extradition to India in connection with a bank loan fraud case.

“We welcome the UK high court’s decision to dismiss the appeal against extradition of Nirav Modi,” Ministry of External Affairs spokesperson Arindam Bagchi said.

“We will continue with our efforts to get Nirav Modi back, as well as other economic offenders so that they are brought to justice,” he said.

The MEA said that India has been vigorously pursuing the extradition of economic fugitives so that they face the legal process in the country.

Earlier on 9 November, the fugitive diamantaire lost his appeal against extradition to India at the High Court in London.

However, the process to bring him back to stand trial in India is unlikely to be a speedy one, as Modi has the option of further appeals in the UK and European courts.

“Pulling these various strands together and weighing them in the balance so as to reach an overall evaluative judgment on the question raised by Section 91, we are far from satisfied that Mr Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him,” states the ruling.

Lord Justice Jeremy Stuart-Smith and Justice Robert Jay of the High Court of Justice in London said that the February 2021 decision to extradite Nirav Modi was ‘sound’.

Modi has 14 days to appeal against the decision in the UK Supreme Court.

In August last year, Modi was allowed to appeal against the extradition on two grounds – under Article 3 of the European Convention of Human Rights (ECHR) to hear arguments if it would be unjust or oppressive to extradite him due to his mental state, and Section 91 of the Extradition Act 2003, also related to mental health.

ALSO READ-Nirav Modi loses appeal, to be extradited to India

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Nirav Modi loses appeal, to be extradited to India

His uncle, Mehul Choksi, who has taken up citizenship of Antigua and Barbuda, is also accused of cheating the PNB and wanted by Indian agencies…reports Asian Lite News

Fugitive diamond merchant Nirav Modi, who allegedly cheated Punjab National Bank (PNB) of over Rs 11,000 crore, is likely to be extradited soon to India from the UK as he lost his appeal in the High Court on Wednesday, reports said.

Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who heard the appeal earlier this year, delivered the verdict that allowed the fugitive businessman’s extradition to India, according to reports.

Nirav Modi had appealed against his extradition where he would face trial in the fraud case linked to the PNB.

“…We are far from satisfied that Mr Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him”, the HC said, as per reports.

However the process of bringing him from London back to India may take some time.

His uncle, Mehul Choksi, who has taken up citizenship of Antigua and Barbuda, is also accused of cheating the PNB and wanted by Indian agencies.

Nirav Modi has the option of approaching the Supreme Court against the High Court’s order within 14 days.

However, the condition is that he can appeal in the Supreme Court only if the high court agrees that his case involves a point of law of general public importance, reports said.

If this option is spent, Modi is free to approach the European Court of Human Rights.

ALSO READ-Court tells Nirav Modi not to pick holes in extradition treaty

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Court tells Nirav Modi not to pick holes in extradition treaty

Nirav Modi

“It is in your client’s interests to demonstrate the assurances aren’t good enough, but we should take a benign approach,” he said…reports Asian Lite News

India is a “friendly foreign power” and the UK must honour its extradition treaty obligations by not picking holes in the government’s assurances that Nirav Modi will be provided with adequate medical care at Arthur Road Jail in Mumbai while on trial for fraud and money laundering, the High Court in London said on Wednesday.

On the second day of an appeal hearing being pursued by the 51-year-old diamond merchant against being extradited to face the Indian courts in the estimated USD 2 billion Punjab National Bank (PNB) loan scam case, a two-judge panel continued to hear arguments that Nirav poses a high risk of suicide due to his depressive state.

His defence team claimed that his depression would worsen if sent to the “hostile environment” of India, where politicians have “demonised” him by pre-judging his guilt, the press has been “vitriolic” and the public has “burnt his effigies”.

“The government of India assurances should be read reasonably benignly and one should not pick every possible hole in them,” Lord Justice Jeremy Stuart-Smith told defence barrister Edward Fitzgerald.

“It is in your client’s interests to demonstrate the assurances aren’t good enough, but we should take a benign approach,” he said.

Justice Robert Jay further noted that India is a “friendly foreign power and we have to honour our treaty obligations”, with reference to the India-UK Extradition Treaty signed in 1992.

Fitzgerald said he adopted an “anxious scrutiny” of the assurances because while the judiciary in India is independent, the executive did not always abide by the rule of law.

“It’s not as if there has been an uncheckered history of utter cooperation… there have been numerous cases where the court found a respondent should not be extradited to India,” he said.

The court was taken through the detailed assurances offered by the Indian authorities, the cumulative effect of which would imply that the psychiatric diagnosis would be “more than adequately managed” in India.

“This is an extremely high profile case in India and there will be many eyes on the government of India and on Mr Modi’s care,” said Helen Malcolm, the Crown Prosecution Service (CPS) barrister, on behalf of the Indian government.

Besides, she pointed to several other safeguards including daily visits by Nirav’s lawyers, access by private medical practitioners and a multidisciplinary medical team agreeing a care plan within days of his arrival in India.

The extradition appeal now hinges on the judges’ ruling on whether it would be oppressive to extradite Nirav given his high risk of suicide, which is expected to be elevated on being extradited. The mental health and human rights grounds of the appeal are the only factors in play after permission to appeal against District Judge Sam Goozee’s extradition order from February last year was denied on all other aspects.

On Monday, the court heard from two psychiatric experts who had assessed Nirav while in Wandsworth prison in south-west London and confirmed that he suffers from “recurrent depressive disorder” and has suicidal thoughts, believing that he will die in prison – either by self-harm or be killed.

The experts, however, did not agree over whether the depression was mild or moderate and also the causative effect the extradition would have on any suicidal impulse.

As a former “darling jeweller with celebrities on his arm”, the CPS accepted that his mental health is expected to fluctuate, but pointed to the “very serious” nature of the charges involving the PNB’s missing billions.

Nirav is the subject of two sets of criminal proceedings, with the CBI case relating to a large-scale fraud upon PNB through the fraudulent obtaining of letters of undertaking (LoUs) or loan agreements, and the ED case relating to the laundering of the proceeds of that fraud. He also faces two additional charges of “causing the disappearance of evidence” and intimidating witnesses or “criminal intimidation to cause death”, which were added to the CBI case.

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Mallya, Nirav extradition may be discussed 

The Indian side has communicated concerns on the anti-India activities of certain extremists and radical elements in the UK. This is likely to figure in the upcoming talks as well…reports Asian Lite News

India is likely to raise the pending extradition of economic offenders, including Vijay Mallya and Nirav Modi, during Prime Minister Boris Johnson’s visit this week.

The extradition of Mallya and Modi had figured in a virtual summit between India and the UK last year, with Prime Minister Narendra Modi asserting that economic offenders should be sent back to the country at the earliest for trial.

Prime Minister Boris Johnson (Picture by Simon Dawson / No 10 Downing Street)

Indian Home Secretary Ajay Kumar Bhalla, too, had raised the issue at the India-UK Home Affairs Dialogue with his UK Counterpart in February this year.

The Indian side has communicated concerns on the anti-India activities of certain extremists and radical elements in the UK. This is likely to figure in the upcoming talks as well.

In the February meeting, the UK was urged to maintain vigil over activities of such elements and take appropriate proactive action.

It was agreed to maintain enhanced security cooperation between India and the UK. Johnson took to Twitter to announce his official visit, saying, “This week I’ll be travelling to India, to deepen the long-term partnership between our countries. As we face threats to our peace and prosperity from autocratic states, it is vital that democracies and friends stick together. This week I’ll be travelling to India, to deepen the long-term partnership between our countries. As we face threats to our peace and prosperity from autocratic states, it is vital that democracies and friends stick together.

He went on to add that “India, as a major economic power and the world’s largest democracy, is a highly valued strategic partner for the UK in these uncertain times”. Boris’  visit follows the successful completion of four out of 26 chapters in the ongoing India-UK  Free Trade Agreement (FTA) negotiations.

Modi and Johnson are expected to take stock of the negotiations and mandate a timeline for the possible completion of the process, initially set for the end of this year. According to officials close to the discussions, there has also been significant progress in the remaining 22 chapters of the FTA at the end of the first two rounds of official negotiations, with the third round of talks scheduled later this month. 

ALSO READ-Court directs Nirav Modi to submit questions regarding Mumbai jail

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Court directs Nirav Modi to submit questions regarding Mumbai jail

The Indian government, through its representative, Crown Prosecution Service (CPS), has to file its response to Nirav Modi’s questions by December 23…reports Asian Lite News.

The High Court on Tuesday instructed diamontaire Nirav Modi’s counsel to submit questions to the Government of India by December 20. The court was hearing the plea filed by Nirav Modi against his extradition to India on grounds he would be at a risk of committing suicide if sent to India.

The Indian government, through its representative, Crown Prosecution Service (CPS), has to file its response to Nirav Modi’s questions by December 23.

The UK High Court will take up this matter in January 2022. Two senior officers of the CBI and ED were in London today to assist the CPS in the legal case and counter Nirav Modi’s allegations.

The two bench court in London on Tuesday heard the matter.

In a fresh appeal in August this year, Nirav Modi raised the issue of poor conditions of Indian jails which can increase the risk of depression, leading to his suicide. Nirav Modi’s lawyers had earlier argued that Arthur Road Jail is overcrowded and it does not have sufficient medical facilities which can prevent a prisoner from committing suicide.

He had earlier told the court through his lawyers that if extradited to India, he would be at immediate risk of suicide.

Indian agencies through CPS had earlier told the court that if Nirav Modi is extradited then medical assistance and medical facilities will be available 24 hours a day, 7 days a week. Four medical officers along with four nursing orderlies and two pharmacists will be available for any emergency. A prison hospital with 20 beds is also available at Arthur Road jail and outside experts can come in when required. Also, there is a public hospital within 3 km of the prison.

India was able to convince the court earlier that Nirav Modi, if sent to India, would be given good meals three times a day and the prison would try and accommodate special dietary considerations. Home food will be allowed with the permission of the court. A canteen is available to provide toiletries, mineral water and snacks, and Modi will be given a fresh supply of bananas daily.

Currently, Nirav Modi is lodged in a London jail since March 2019 at the request of the Indian government.

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