UK's Westminster Court rejects Nirav Modi's plea to suppress evidence submitted by India

Nirav Modi's appeal to dismiss the documents submitted by the Indian government in the PNB fraud case against him has been rejected by UK's Westminster court. District Judge Samuel Goozee who is presiding over the case agreed that there was sufficient evidence to establish a 'Prima Facie' case for Nirav Modi's extradition to India. Westminster court is set to hear the final submission in the case on January 7 and 8 in 2021 before it hands down the judgement in the extradition case. 

Westminster court 'bound' by precedence

The UK district judge presiding over the extradition proceedings against Nirav Modi heard the arguments from both sides with regards to the witness statements provided by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) at Westminster Court. District Judge Samuel Goozee ruled that he considers himself to be bound by the Court rulings in the extradition case of the former Kingfisher Airlines chief Vijay Mallya while adding that the evidence by Indian officials to establish a 'prima face' case against the fugitive diamantaire Nirav Modi, for fraud and money laundering, is broadly admissible. 

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Referring to Mallya's case, Judge Gooze said, "I consider myself bound by that decision. There is no reason why the points made by witnesses cannot be used as informed commentary."

This came after the Crown Prosecution Services (CPS), arguing on behalf of the Indian government, highlighted that the evidence along with the witness statements submitted by the Indian authorities under Section 161 of the Indian Code of Criminal Procedure (CrPC) meet the conditions required for UK's Westminster court to determine if the fugitive diamantaire has a case to answer before the Indian Judiciary.

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49-year old Nirav Modi following the court proceeding in the extradition case against him via videolink from the Wandsworth Prison in south-west London, where he has been since his arrest in March 2019. Just a week ago the court rejected Nirav Modi's seventh bail application despite the claims from his lawyers stating that he is suffering from depression along with high amounts as security for his release. But the Westminster court has repeatedly rejected the bail applications citing that Indian authorities' concerns that the former jeweller remains a flight risk and also the risk of him influencing the witnesses. 

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Nirav Modi is wanted by the Indian authorities in relation to the PNB scam case, which estimates to about $2 billion, and for money laundering, committing fraud to obtain Letters of Understanding from the bank, witness intimidation as well as for disappearance of evidence during the investigation conducted by the Indian authorities. The fugitive diamantaire is most likely to file an appeal in a higher court in the UK if the Westminster court rules in favour of the Indian authorities in the extradition case. 

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(With inputs from ANI & PTI)