Nirav Modi Extradition Case| Nirav Modi Extradition: Big relief to Nirav Modi, got permission to appeal against extradition to India
Fugitive diamond trader Nirav Modi
New Delhi: A High Court judge in London on Monday appealed against a magisterial court order favoring extradition of fugitive diamond trader Nirav Modi to India to face charges of fraud and money laundering before Indian courts. Permission was given on Monday to appeal on the grounds of mental health and human rights.
Judge Martin Chamberlain said the arguments presented by the 50-year-old diamond merchant’s legal team regarding his “severe depression” and “threat of suicide” were debatable at the hearing. He said the adequacy of measures capable of preventing “successful suicide attempts” at Arthur Road Jail in Mumbai, where Nirav Modi is to be detained on extradition, also comes under debate.
Justice Chamberlain said in his order, “At this stage, the question for me is simply whether the appellant’s case is reasonably debatable on these grounds.” In my judgment, it is. I will allow appeals on grounds 3 and 4. Bases three and four pertain to Article three of the European Convention on Human Rights (ECHR) or the right to life, liberty and safety, and Section 91 of the UK Criminal Justice Act 2003, which deals with health.
Evidence of the seriousness of the depression of the appellant (Nirav Modi) was given.
“I will not restrict the ground on which the argument can be made, although it seems to me that special consideration should be given to whether the judge had done wrong in arriving at his conclusion and that the appellant was in the wrong,” the judge said. Evidence was given on the severity of (Nirav Modi’s) depression, the risk of suicide and arguments were made about the adequacy of any measure capable of preventing successful suicide attempts at Arthur Road Jail.’
There is a trial in India against Nirav Modi
Permission to appeal on all other grounds was denied and the matter will now proceed for a concrete hearing before the High Court in London under grounds three and four. Significantly, Nirav Modi is to be tried in India on charges of money laundering and fraud in connection with the $2 billion scam involving Punjab National Bank.
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