The application also claims that Modi’s mental health and suicidal feelings would worsen if he were to land in the “COVID-rich” Arthur Road Jail in Mumbai…reports Asian Lite News.
Pleading against extradition to India, fugitive diamantaire Nirav Modi has told the UK High Court that his removal from the country would seriously impact his mental health and would worsen “suicidal feelings”.
Modi’s lawyers also told the UK High Court that his extradition would be a “flagrant denial of justice” owing to his severe and ongoing mental health problems which would see him “sectioned” under existing laws in the United Kingdom.
Modi’s lawyer Edward Fitzgerald, in an application to the High Court to appeal against his extradition, stated that Modi was “severely depressed” and asked that the extradition be blocked on mental health grounds.
The application also claims that Modi’s mental health and suicidal feelings would worsen if he were to land in the “COVID-rich” Arthur Road Jail in Mumbai.
Fitzgerald claimed that it would be “oppressive” to extradite the 50-year-old former billionaire.
Modi, once the jeweller to some of the biggest stars of Hollywood and Bollywood, stands accused of defrauding the state-owned Punjab National Bank of more than USD 2 billion through a carefully orchestrated scam involving dummy corporations and directors.
He is also charged by the Indian government with witness intimidation and destruction of evidence.
He has been held at Wandsworth Prison in London since his arrest in the British capital in March 2019.
Modi’s extradition was ordered by judge Samuel Goozee sitting at Westminster Magistrate’s Court in London in February.
Modi’s mental health – he had claimed that depression ran in his family – and the threat of it becoming severe if sent back to India formed one of the pillars of his defence.
Judge Goozee, however, ruled that it was not unusual for someone in Modi’s situation and incarcerated to suffer from depression and that that should not be a bar to extradition.
In his application to the High Court, Fitzgerald claimed that Judge Goozee had made a “succession of errors”, including that conditions at Arthur Road jail would be better than at Wandsworth.
He pointed in particular to the Covid 19 pandemic rampaging in Maharashtra which had brought the state’s healthcare system to the “brink of collapse”, which would lead to Modi not receiving the care that he needs.
England’s Crown Prosecution Service, which is representing the Indian government in the case, dismissed Modi’s concerns and asked the judge to throw out the appeal.
Nirav Modi has five business days to apply for such an oral consideration, giving him time until next week….reports Asian Lite News
Fugitive diamond marchent Nirav Modi, who is wanted in India in the Rs 13,500 crore Punjab National Bank (PNB) fraud case, has lost the first stage of his extradition appeal in the UK High Court.
An official of the high court confirmed that the permission to appeal was “rejected on paper” on Tuesday.
The latest rejection leaves Nirav Modi with one chance to make his case at a brief oral hearing in the high court with a renewed “leave to appeal” application for a judge to determine if it can proceed to a full appeal hearing.
Nirav Modi has five business days to apply for such an oral consideration, giving him time until next week.
The appeal was filed before a high court judge for a decision “on the papers” submitted for the appeal to determine if there are any grounds for an appeal against the Home Secretary’s decision or the Westminster Magistrates Court’s February ruling in favour of Nirav Modi’s extradition to India to face charges of fraud and money laundering.
Nirav Modi’s extradition to India was ordered on April 16 this year by UK Home Secretary Priti Patel in the Rs 13,500 crore PNB fraud case. He has been lodged in a prison in London since his arrest in March 2019.
On February 25 this year, a UK court had allowed the extradition of Nirav Modi to India.
Nirav Modi is facing probe by the CBI for a large-scale fraud upon PNB through fraudulently obtaining LoUs or loan agreements. He is also being probed by the Enforcement Directorate (ED) in a case related to the laundering of the proceeds of that fraud.
He also faces two additional charges of “causing disappearance of evidence” and “intimidating witnesses” or “criminal intimidation to cause death”, which were added on to the CBI case.
Mehul Choksi
The ED has attached several assets of Nirav Modi running into crores of rupees in connection with the case.
Nirav Modi’s uncle, Mehul Choksi of Geetanjali group, is also being probed in connection with the case.
Earlier in the day, the ED said that it has handed assets totalling Rs 9,371 crore belonging to fugitive businessmen Vijay Mallya, Nirav Modi and Mehul Choksi to state-run banks to realise the losses on account of the frauds committed against them.
Govt says efforts are on to extradite fugitive businessman Mehul Choksi, diamantaire Nirav Modi and Vinay Mishra from Britain, reports Asian Lite News
Reiterating that it will continue to make all efforts to bring back fugitives to face justice in India, the Ministry of External Affairs said that Britain has assured New Delhi that it will do its best to have rogue businessman Nirav Modi extradited at the earliest.
In response to a set of questions on extradition of fugitive businessman Mehul Choksi, diamantaire Nirav Modi and Vinay Mishra from West Bengal charged of cow smuggling, MEA spokesperson Arindam Bagchi stated that the ministry will continue to make all efforts to bring fugitives to face justice in India.
“As for Nirav Modi, you are aware that on April 15 this year UK Secretary of State had ordered his extradition to India. We understand Nirav Modi is seeking to appeal against this decision. He continues to remain in custody of UK authorities,” the MEA Spokesperson stated.
UK Home Secretary Priti Patel
Adding that the issue of extradition of economic offenders was discussed in the India-UK Virtual Summit held on 4 May, he informed that the UK side had run into legal hurdles because of the criminal justice system there and that UK will do whatever possible to make sure earliest possible extradition.
“The UK side conveyed that there are some legal hurdles because of the nature of criminal justice system in the UK but they are aware of the issue and they will do whatever possible to make sure that these people are extradited at the earliest,” the MEA spokesperson explained.
“As regards to the specific case of Mehul Choksi, we do not have any update this week, he remains in the custody of Dominican authorities and certain legal proceedings are underway,” he said in the weekly virtual briefing.
Informing that he has no information in the case of Vinay Mishra, Bagchi requested media persons to check with the Ministry of Home Affairs on the specific details of all 3 cases.
Choksi running short of options
Mehul Choksi, who is currently facing the charges of entering Dominica illegally, was “unlawfully renditioned” from Antigua and Barbuda to Dominica so that he would no longer have the option of appealing to the UK Privy Council, his lawyer contended.
Mehul Choksi
Michael Polak, part of the legal team representing Choksi and an expert in providing legal assistance to foreign nationals around the world, told a virtual news conference that the team has also filed a complaint with the War Crimes Unit of UK’s Metropolitan Police on the ground that Choksi was tortured.
Describing Choksi’s case as one of “egregious breach of the rule of law and fundamental fairness”, Polak said, “What has happened to Choksi has been terrible. He was lured into a property, kidnapped, a bag placed over his head, beaten, forced on to a boat and unlawfully renditioned into another country.”
“In Antigua, he has the right to appeal to the Privy Council in London to determine whether the government is acting properly…against him. In Dominica, he does not have such protection. The motive behind the kidnapping could not be clearer,” he said.
He further claimed that there was sufficient proof that Barbara Jarabica and the other men involved in the incident had carried out a “reconnaissance or a failed attempt to kidnap” Choksi in April 2021 and said that Choksi should be returned to Antigua.
Mehul Choksi in prison
Giving details of the abduction attempt, Polak said Jabarica, who lured Choksi to her AirBNB accommodation on May 23, had specifically asked the owner if there is a place for docking a small boat in the backyard.
Showing chats between Jabarica and owner of the properties, Polak said she had discussed taking two adjoining properties after getting confirmation about docking place for boats.
Polak alleged that one property was used by people with her, who were part of kidnapping team.
The lawyer also claimed that soon after the kidnapping of Choksi, Jabarica left Antigua and Barbuda in a private plane to Dominica at 7.26 pm as she felt safe from investigation.
Polak also contended that Choksi continues to be an Antiguan citizen and can appeal against any move to strip him of his citizenship or to extradite him to India in the Judicial Committee of the Privy Council.
He also said that the diamantaire would not have access to this legal protection in Dominica.
A complaint filed by Polak with the UK Metropolitan Police contended that Choksi’s case should be investigated by the War Crimes Unit as it involves “torture”.
“The War Crimes Unit of the Metropolitan Police investigates war crimes, torture and genocide wherever it takes place,” the lawyer said.
The Metropolitan Police and Crown Prosecution Service will have the final say in an investigation.
According to Polak’s complaint filed with the Metropolitan Police on June 7, Choksi was allegedly lured by Jarabica and then attacked and taken by force by several men to Dominica in a boat. The complaint has also pointed out that Jarabica and three men allegedly involved in the incident – St Kitts and Nevis national Gurdip Bath, Gurmit Singh and Gurjit Singh Bhandal – are all residents of the UK.
Nirav Modi who had 14 days to appeal the decision has approached the High Court of appeals on the 28th April 2021 to appeal the decisions made by the lower court judge as well as the home secretary Priti Patel, reports Poonam Joshi
The fugitive diamond dealer Nirav Modi, who is wanted in India for allegedly defrauding Punjab National Bank (PNB) out of an estimated $2 billion has filed a permission to appeal in the UK high court against his extradition to India.
Modi, 50, who was arrested in March 2019 and has been held in the Wandsworth prison in south London ever since, was ordered to be extradited by the UK Home Secretary Priti Patel on the 15th April 2021.
Westminster Magistrate’s Court’s judge Sam Goozee made a decision on February 25, finding Nirav Modi guilty on all the charges saying that the fugitive businessman had a case to answer for and should be returned to India.
The Indian government alleges that Modi and his associates colluded with officials at the state-owned Punjab National Bank to defraud the bank out of more than USD 1.4 billion by using a credit facility known as Letters of Undertaking, a form of bank guarantee to facilitate international transactions.
The court had been told that the proceeds of the fraud were then laundered through a series of shell companies manned by dummy directors and located in Dubai and Hong Kong. Modi is also charged with the destruction of evidence and intimidating witnesses.
Modi who had 14 days to appeal the decision has approached the High Court of appeals on the 28th April 2021 to appeal the decisions made by the lower court judge as well as the home secretary Priti Patel.
It will be decided by the court of appeals judge whether or not to grant the permission to appeal which is done on papers.
Modi is likely to argue on the decision of his mental health issue which was dismissed by lower court judge Goozee saying he was not satisfied by evidence submitted by the defence about Modi’s mental and emotional health and that he was satisfied that he was fit to plead once returned to India.
If he is successful in obtaining the permission then the appeal will be heard by a single judge or division bench. Modi will need to demonstrate a strong reason to initiate the hearings for his appeal. The entire process can take a good few months given the covid crisis around the world, especially in India where Modi is sought. If its rejected UK will have 28 days to extradite him. (ANI)
