Published 21:20 IST, December 29th 2020
Extradition case: Nirav Modi's judicial custody extended till final hearing in Jan 2021
The legal woes for fugitive diamond merchant Nirav Modi compounded after the Westminster Magistrates’ Court extended his judicial remand till January 7.
The legal woes for fugitive diamond merchant Nirav Modi compounded on Tuesday after the Westminster Magistrates’ Court extended his remand in judicial custody till January 7, 2021. This implies that he will remain in the Wandsworth Prison where he has been languishing since his arrest on March 19, 2019. Modi appeared before the court via videolink due to the novel coronavirus crisis. He 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.
In December 2019, a special PMLA court in Mumbai declared him as a 'Fugitive Economic Offender'. The first set of hearings in the extradition case commenced in May 2020 which pertained to establishing a prima facie case against Modi. District Judge Samuel Goozee will hear closing arguments from both sides during the final hearing scheduled on January 7 and 8.
Arguments in court
During the 5-day hearing in September, the Crown Prosecution Service played videos in court showing the manner in which Modi caused the disappearance of evidence and intimidated witnesses. Arguing for the Indian government, it provided assurance of adequate prison conditions including additional commitments of appropriate mental health care. This came after Modi's defence team cited the presence of rats, insects, uncovered drains and noise from slums near the Arthur Road jail to claim that there is a risk to his human rights in the jail.
Led by Barrister Clare Montgomery, the defence team tried to establish that Modi's actions related to PNB-issued letters of undertaking did not amount to fraud. Also, witnesses deposed highlighting the alleged "fragile" mental health condition of the beleaguered diamond merchant. It once again argued that Barrack 12 in the Arthur Road jail did not meet the UK court's human rights criteria.
In the November hearing, the judge ruled that the evidence to establish a prima facie of fraud and money laundering against Modi is broadly admissible. Stressing that the evidence including witness statements under Section 161 of the CrPC meets the required threshold for the UK court to determine that the fugitive diamond merchant has a case to answer before the Indian judiciary. While District Judge Goozee said that he is bound by the court rulings in the extradition case of beleaguered businessman Vijay Mallya, Montgomery contended that the Indian government's case this time was not as strong as the Mallya case.
(With PTI inputs)
Updated 21:20 IST, December 29th 2020