Nirav Modi’s Mental Health Argument Against Extradition Debunked In Court

–>

New Delhi:

The testimonies of two psychiatric experts during the final hearings in Nirav Modi’s extradition case before the High Court of Justice in London were crucial in discrediting his argument of poor psychological state and closing the case for India, authorities said.

Nirav Modi is wanted for fraud of Rs 6,805 crore at the National Bank of Punjab. The fugitive diamond trader on Wednesday lost his appeal against extradition to India on mental health grounds, as the High Court ruled that his risk of suicide is not such that it would be unfair or oppressive to extradite him to face fraud and money laundering charges. money.

During the final hearing, the experts, Professor Andrew Forrester of Cardiff University and Professor Seena Fazel of Oxford University, testified before the High Court that Nirav Modi’s appeal was dismissed, officials said.

Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeal hearing at the Royal Courts of Justice earlier this year, said in their verdict that District Judge Sam Goozee’s Westminster Magistrates Court order of last year in favor of extradition was strong. .

Based on the testimony of an expert witness, the verdict concludes that Nirav Modi has so far not shown features of psychotic illness and, although he has exhibited persistent suicidal ideation, has not deliberately attempted suicide or self-harm or disclosed plans to do so, except in the “the vaguest and most general form,” the court said.

“It is a common fact that his recurrent depressive disorder is likely to deteriorate in the event of extradition,” the ruling acknowledges. However, he also acknowledges the security measures ensured at the Arthur Road Jail Barrack 12 in Mumbai, where he will be housed after his extradition, which will ensure that there is effective and constant monitoring to reduce the risk of attempted suicide. .

“Today’s ruling by the UK High Court is a significant achievement in the context of CBI’s efforts to curb corruption and is a reminder that fugitives, who have evaded legal process after committing high-value fraud, they cannot be considered above process simply because they have changed jurisdiction,” the CBI said in a statement.

The agency said it took arduous efforts to present the facts in court effectively, especially as Nirav Modi had raised various issues regarding prison conditions and the availability of health facilities in India, among other arguments.

He acknowledged the continuing efforts made by the Crown Prosecution Attorney to vigorously present the case of the Government of India.

He also commended the efforts of various government agencies, especially officials from the Indian High Commission, London, the Home Office and the Foreign Office in coordinating the extradition trial, timely submission of evidence and assurances, and the fast follow-up of the case at all stages.

The magistrates court on February 25, 2021 held that there was no impediment to Nirav Modi’s extradition to India.

The High Court had allowed him to appeal on the grounds that his extradition would be incompatible with his Convention rights under Article 3 of the European Convention on Human Rights; and it would be unfair or oppressive within the meaning of Section 91 of the UK Extradition Act 2003 to extradite him by virtue of his physical and mental condition.

“All other grounds of appeal were rejected,” the CBI said in a statement.

During the appeal hearing before the High Court of Justice, India submitted a number of written assurances and submissions, in addition to oral arguments made by the Senior Counsel of the Crown Prosecution Service on its behalf, it said.

The Superior Court had heard the appeal on December 14, 2021 and June 28, 2022 and the final hearing was held on October 11 and 12, 2022.

The CBI had submitted two extradition requests, including one for the offenses of witness intimidation and destruction of evidence, to the UK government.

“Extradition proceedings against Nirav Modi have been initiated before the Westminster Magistrate’s Court in London.

In the extradition requests, CBI presented voluminous oral and documentary evidence to substantiate the charges of conspiracy to commit a crime, fraud, criminal breach of trust, criminal misconduct of public servants, destruction of evidence, and criminal intimidation of evidence,” the spokesperson said.

He said the hearing of the first extradition request was held at Westminster Magistrates’ Court, London, in May 2020 and that of the second extradition request in September 2020.

Nirav Modi had fled India on January 1, 2018, days before the scam surfaced.

The trial court issued an arrest warrant without the possibility of bail against Modi on May 23, 2018, and Interpol also issued a red notice against him on June 29, 2018.

Weeks after Nirav Modi had left, the CBI had registered the case on January 31, 2018 against the partner of three private companies and others, including then PNB officials in a complaint.

The bank had alleged that the defendants had hatched a criminal conspiracy amongst themselves to defraud the National Bank of Punjab out of Rs 6,498 crore (approximately) by fraudulently issuing letters of undertaking not entered into the bank’s software to avoid scrutiny. The amount was found to be Rs 6805 crore during the investigation.

The investigation showed that the accused officials of the Punjab National Bank, in conspiracy with the said owners of the companies and others, had fraudulently issued a large number of LoUs to foreign banks to obtain buyer credit in favor of the said three companies without no sanctioned or effective limit. margin and without making entries in the bank’s CBS system.

The first charge sheet was filed on May 14, 2018 against 25 defendants, including Nirav Modi. The second indictment was filed on December 20, 2019 against 30 accused individuals, including the 25 previously filed in respect of 150 pending fraudulent LoUs.

It was also alleged that Nirav Modi, in conspiracy with other defendants, had diverted funds obtained as buyer’s credit through shell companies established by him in Dubai and Hong Kong that were portrayed as exporters of pearls to three Nirav Modi companies and importers. pearl encrusted jewelry. of his signatures.

The trial court issued a warrant for his arrest without possibility of bail, followed by a red corner notice in June 2018 by Interpol.

The CBI sent the first extradition request to the UK for extradition in August 2018 for defrauding the Punjab National Bank.

He was arrested by UK police in London in March 2019 and his repeated requests for bail were rejected by the London Magistrate’s Court and Westminster High Court.

After the second charge sheet was filed, additional evidence was submitted to the London Court for the full amount of fraud of Rs. 6805 million rupees (approx.).

In addition, the second extradition request for the crimes of intimidation of witnesses and destruction of evidence was also submitted to the UK government.

Video from a barracks at Arthur Road Prison, Mumbai, was submitted by India and was also played in court.

The hearing on the admissibility of the evidence was held on November 3, 2020 and the final presentations of both parties were made in court in January 2021.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)