Fugitive diamond trader Nirav Modi has approached the UK High Court seeking permission to reopen his long-running extradition case, claiming he faces a "real risk of torture" if sent back to India. The hearing concluded at the High Court in London, with the bench reserving its verdict after detailed arguments from both sides. The case was heard by Lord Jeremy Stuart-Smith and Justice Robert Jay at the Royal Courts of Justice. At the end of the proceedings, Stuart-Smith said, "This case is of extreme importance, to Mr Modi and to the Indian officials who have travelled from India. We will deliver the judgment as soon as possible." 54-year-old Modi appeared via videolink from Pentonville prison in north London, where he has been lodged during the ongoing extradition proceedings.
Defence cites 'risk of torture' in India
Modi's legal team argued that extradition would expose him to inhuman or degrading treatment during interrogation by Indian agencies. His lawyer, Edward Fitzgerald KC, claimed there was a genuine threat of torture and questioned the assurances provided by the Indian government, calling them "neither adequate nor reliable." The defence also suggested that Modi could be moved from Arthur Road Jail in Mumbai to Gujarat for questioning by agencies beyond the Central Bureau of Investigation and Enforcement Directorate, raising further concerns.
Reference to Sanjay Bhandari case
In support of their arguments, Modi's lawyers relied on the case of Sanjay Bhandari, who was recently discharged from extradition on human rights grounds in the UK. They argued that similar concerns should apply in Modi's case as well.
UK prosecution opposes reopening of case
Representing the Indian government, the Crown Prosecution Service strongly opposed the plea. CPS barrister Helen Malcolm KC argued that the application was filed late and based on a "false premise". She urged the court to adopt a "common sense approach", highlighting that India had provided strong assurances and that the high-profile nature of the case reduces the likelihood of any violation. She also pointed out that any breach could harm future extradition cooperation between India and the UK.
Extradition decision crucial for trial in India
If the High Court refuses permission to reopen the appeal, Modi's extradition process is expected to move forward. He is likely to be lodged at Arthur Road Jail in Mumbai ahead of facing trial in India. Modi is wanted in connection with the estimated USD 2 billion Punjab National Bank scam. He faces multiple cases, including fraud investigated by the CBI, money laundering charges by the ED, and allegations of interfering with evidence and witnesses. In 2021, then UK Home Secretary Priti Patel had approved his extradition after courts found a prima facie case. Since then, Modi has filed several unsuccessful bail pleas and appeals in UK courts.
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