London’s high court began its hearing in the final leg of Nirav Modi’s extradition case on Tuesday. The arguments of the day saw an extensive discussion on the definition of mild, moderate and severe depression. The crux of Modi’s appeal is that his mental health is such that extraditing him to India would be oppressive and would inevitably result in suicidal behaviour. Two prominent forensic psychiatrists, Professor Andrew Forrester acted for Nirav Modi, while Professor Seena Fazel acted for the Crown Prosecution Service (CPS). The evidence they gave was subjected to rigorous cross-examination and on several occasions the court had to grapple with the difference between clinical and legal terminology.
Helen Malcolm of the Crown Prosecution Service said at one point that whatever assurances the Indian government gave, it never seemed enough for a defence. She brought video and photos from Arthur Road Jail 12 Barracks to the court’s attention to reassure Nirav Modi that he would not be held in an overcrowded cell, prompting the defense to question whether Modi would face solitary confinement. The court also heard that to allay fears of solitary confinement, the GOI had also proposed that a subject of trial in a white-collar criminal case, who speaks the same language as Nirav Modi, be kept incarcerated with him in the barracks no. 12.
Nirav Modi’s lawyer Edward Fitzgerald cited another case involving British national Ivor Fletcher, whose extradition to India was stopped because it was argued that whatever steps are taken will not necessarily prevent his suicide or self-harm attempts. Fitzgerald went on to argue that in Nirav Modi’s case adequate measures had not been taken to prevent a possible suicide.
The court asked prosecutor Helen Malcolm to write a short document (“not an essay”) on the concerns raised by the defense and the assurances received from the GOI that addressed the defense concerns. Among the assurances submitted by India is a letter from Dr. Vanshree Patil, head of the Psychiatry department at JJ Hospital. The letter states that a psychiatrist will interview Modi within 24 hours of her arrival and an action plan to monitor her mental health will be drawn up in consultation with a multidisciplinary team.
“What is assured is incomplete and vague. A personalized care plan is still required,” insisted Professor Forrester who appeared for Modi. The court heard from Professor Forrester that Nirav Modi, who has been in jail in London, feels his life at the moment is “hopeless and meaningless”, although Malcolm in his cross-examination asked the medical expert about the framing of the questions. that led to Modi. referring to his hopeless and meaningless life. The court also stepped in and asked Professor Forrester what the health protocol would look like if he were to draw one to extradite someone to Britain who reported a condition similar to Nirav Modi’s.
During his testimony, Professor Seena Fazel said that during his interaction with Nirav Modi (once in person and once via video), Modi told him that he was reading newspapers from cover to cover, that he had a good appetite, all of which, the professor said. Fazel, did not match those who suffered from severe depression. Edward Fitzgerald, under cross-examination, noted that the inferences drawn from these responses were misleading as the line of questioning was not correct.
While arguments will continue on Wednesday, details of Nirav Modi’s prison life have emerged. He remains in a double cell in an ordinary wing of Wandsworth Prison. She exercises two or three times a week and reads newspapers, books. Provisions have been made for her to talk to her family members (who are in New York) three or four times a day. He is also medicated and receives visits from health experts, although prison staff have not cited it as serious enough to refer him to any hospital. Nirav Modi has a family history of depression and the court heard that his mother committed suicide in front of him when he was a child and that has been an aggravating factor.
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