Published 16:19 IST, February 25th 2021
Nirav Modi to be extradited to India, UK court says 'has a case to answer for in India’
UK's Westminster Magistrates’ Court on Thursday, has accepted that prima facie, a money laundering case has been established against Nirav Modi
In a big setback to fugitive diamantaire Nirav Modi, UK's Westminster Magistrates’ Court on Thursday, ordered extradition of Nirav Modi to India to stand trial in the 2-billion Punjab National Bank (PNB) scam. Accepting that prima facie, a money laundering case has been established, the judge accepted that Modi threatened witnesses and tampered with evidence. Observing that if Nirav Modi is extradited, there is no evidence to suggest that he will not receive justice, the judge praised the independence of the Indian judiciary. If extradited, Nirav Modi - prime accused in the PNB scam, will be housed in Arthur Road Jail in Mumbai.
Judge's observations
Noting the 'Letter of Understanding' has been issued between 2011 and 2017 without being entered in the CBS system of the bank to mislead authorities, the judge did not accept Nirav Modi's claim that he was involved in a legitimate business'. The judge also ruled that there were clearly links between Nirav Modi and other conspirators including bank officials in question, stating that Modi's companies were shadow companies operated by him. The judge was also satisfied that there is evidence that Modi could be convicted, while dismissing Modi's claims that Law & Justice Minister Ravi Shankar Prasad tried to influence case against the billionaire.
Noting the CBI's investigation into Nirav Modi's firms headed by 'dummy partners', the judge concluded that Modi and his companies were fraudulently operated - all these matters were up for trial in India, which could lead to his conviction. Dismissing the defence's objection to 'overcrowding in prisons' and Modi'sdeteriorating health', the judge ruled that his condition of depression 'is not unusual' and that his health condition is fit for jail. Stating that Nirav Modi can avail medical treatment of his choice in Mumbai, along with access to bathroom , hygienic food and water, 24x7 security in the prison, the judge ruled that Arthur Road Jail was fit for him. Observing that Nirav Modi had no immediate 'suicide intentions', the court also ruled that Nirav Modi can face proceedings in a healthier state in India.
Arguments in the case
Citing the recent order denying WikiLeaks founder Julian Assange's extradition, Modi's counsel Clare Montgomery argued that "the mental condition of Modi and the treatment he would receive given the prison conditions in India" were similar to those of Assange. She reiterated that her client’s mental health has been deteriorating due to his lengthy incarceration since March 2019 and the case must now be dismissed. The CPS barrister Helen Malcolm, countered the defence stance to say that the two cases were of a “completely different nature”, saying, "Not least as it is impossible to ignore Asperger’s Syndrome as well as depression in the case of Mr Assange".
Modi’s lawyers also claim that he would not receive a fair trial in India due to the case being politicised by the “ruling BJP”. The fugitive diamantaire troubles intensified since his sister Purvi Modi and her husband Maiank Mehta who are co-accused, turned approvers in the PNB scam with a special court in Mumbai granting them pardon. As per the Enforcement Directorate, they jhave helped in the confiscation of two flats in New York, one each in London and Mumbai, balance in two Swiss Bank accounts and a bank account in Mumbai worth Rs.579 crore.
Nirav Modi & PNB scam
The 49-year old, wanted by India to face charges of fraud and money laundering amounting to nearly USD 2 billion in the Punjab National Bank (PNB) case, has been denied bail at several attempts at Westminster Magistrates' Court in London, as the judge ruled there was "substantial risk" that he would fail to surrender and deemed the bail security offered as insufficient. Nirav Modi was arrested by uniformed Scotland Yard officers on an extradition warrant from a Metro Bank branch in central London on March 19 and has been in prison since. During subsequent hearings, Westminster Magistrates' Court was told that Modi was the "principal beneficiary" of the fraudulent issuance of letters of undertaking (LoUs) as part of a conspiracy to defraud PNB and then laundering the proceeds of crime.
Updated 17:02 IST, February 25th 2021