The London High Court will hear the fugitive diamond trader Nirav Modi much-delayed appeal since March 2019, more than three years after his capture. The hearing, which is the last step in the legal procedure, will be conducted over the following three days by Justice Jay and Lord Justice Stuart-Smith.
Modi’s extradition to India had been cleared by the Westminster Magistrates’ Court in February 2021, but during the appeal application, his legal team was able to persuade the high court to accept new evidence. Thus, the two-judge panel would consider the testimony of a retired high court judge regarding India’s pledge that prisoners in Indian jails will have access to private healthcare.
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While the court ordered them to present a list of the topics on which they agree and disagree in June 2022, it is anticipated that the list of disagreements would be longer. Two health experts from each side will also submit their reports.
The most important question is whether Nirav Modi’s mental state is such that his extradition to India will leave him unable to stave off the urge to commit suicide in Mumbai’s Arthur Road Jail, where he will be held. According to District Judge Samuel Goozee, Modi’s extradition would not be oppressive because there was no immediate risk of suicide.
During the June 2022 appeal hearing in the Supreme Court, Edward Fitzgerald, King’s Counsel, supporting Modi, stated, “The judge made an error of law.” The Extradition Act of 2003, which sets down the standards for extradition between the two countries, is the source of the debate over Nirav Modi’s possibility (or lack thereof) of suicide. According to the regulations, extradition cannot violate the sought person’s human rights, which include, among other things, their ability to obtain healthcare and reasonable jail circumstances.
Helen Malcolm, King’s Counsel, who was defending India and argued that the district judge’s decision did not permit an appeal, countered Fitzgerald, saying that “they now express worry that access to private healthcare is now uncertain.”
The case would have taken much longer to resolve if the high court had remitted it back to the district judge to consider any new evidence, as is customary. Instead, the top court decided to keep the appeal, which indicates that a decision might be issued in the coming weeks. Additionally, the court could rule immediately following the hearing and issue the written judgement afterwards.
Since his arrest, Nirav Modi has remained in Wandsworth prison after failing to obtain bail from either the Westminster Magistrates’ Court or the high court. His attorneys have consistently emphasized that he has experienced violence from fellow inmates and that his mental health has gotten worse while he has been behind bars, particularly during Covid.
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On the other side, the Crown Prosecution Service (CPS), speaking for India, has insisted that Nirav Modi will receive sufficient medical care after being returned to that country. Nirav Modi is accused of laundering the money of Punjab National bank, a figure that goes as high as $2billion.
