Published 15:46 IST, February 26th 2021
Nirav Modi case:UK court rejects Cong neta's testimony, says 'didn't disclose affiliation'
In a big embarrassment for the Congress party, a UK court rejected the testimony provided by retired Bombay HC judge Abhay Thipsay in the Nirav Modi case.
In a big embarrassment for the Congress party, the Westminster Magistrates’ Court on Thursday rejected the reports and testimony provided by retired Bombay High Court judge Abhay Thipsay in the Nirav Modi extradition case. Thipsay joined Congress in the run-up to the 2019 Lok Sabha election. He had submitted reports on December 20, 2019 and June 29, 2020 besides giving live evidence by video link on May 13, 2020. While acknowledging that the retired judge had overseen many high-profile cases in his time, the UK court revealed that he had failed to disclose a potential conflict of interest owing to his Congress affiliation.
In paragraph 11o of the verdict, the UK court added, "His unwillingness to give further evidence in these proceedings, simply because he did not get the protections which in my view there was no sound basis to grant, meant his opinion went unchallenged by the GOI. There has been no ability for the Court to further scrutinise his expert testimony. Overall, these factors have the effect, in my assessment, of nullifying any weight I would have attached to his evidence."
Nirav Modi has been accused of being the principal beneficiary of the fraudulent issuance of letters of undertaking as part of a conspiracy to defraud the Punjab National Bank to the extent of Rs 13,570 crore. Since his arrest on March 19, 2019, he has been languishing in the Wandsworth Prison after being repeatedly denied bail. A day earlier, the court ordered his extradition to India in connection with the PNB fraud case.
The extradition verdict
Pronouncing the extradition verdict on Thursday, District Judge Samuel Goozee of the Westminster Magistrates’ Court ruled that a prima facie case of money laundering is established. Observing that the Letters of Understanding had been issued between 2011 and 2017 without being entered in the CBS system of the bank to mislead authorities, he did not accept that the accused was involved in legitimate business. Expressing satisfaction that Nirav Modi could be convicted, the judge also rejected other arguments made by the defence counsel.
For instance, the court dismissed the claim that Union Law Minister Ravi Shankar Prasad had tried to influence the case. Dismissing concerns about Nirav Modi's mental health, it contradicted the allegation of overcrowded prisons in India. Maintaining that Barrack 12 of Arthur Road Jail is far more spacious than the current prison where he is being held, the judge made it clear that the Indian government doesn't need to provide further details of healthcare that will be provided to the accused. Moreover, District Judge Samuel Goozee said that there is no evidence to suggest that the fugitive diamond merchant will not receive justice if he is extradited to India.
Updated 15:46 IST, February 26th 2021