In an attempt to block diamantaire Nirav Modi’s extradition to India, his defense team on Thursday alleged that the Arthur Road jail in Mumbai did not have arrangements or plans to deal with his mental health issues, including the risk of suicide.
Raising concerns over Modi’s mental wellbeing, his team of lawyers urged the Westminster Magistrates’ Court to dismiss India’s extradition request.
According to a report by Hindustan Times, Claire Montgomery, Nirav Modi’s lawyer, also alleged that Modi would not receive a fair trial if extradited.
Helen Malcolm of the Crown Prosecution Service representing India came up with a solution that the court could ask the government of India for a fresh assurance on facilities for mental health treatment in Barrack number 12 of the Mumbai jail and also reiterated that there were no plans to keep Modi in solitary confinement in the Arthur Road jail, as claimed.
However, this was also dismissed by Montgomery who sought that the court was not obliged to ask for such an assurance after a certain time limit.
Malcolm further reminded the court that India had submitted details of at least three hospitals nearby where he could be treated. He would also be able to seek private treatment of his choice. She also refuted claims that India’s judiciary is not independent or that Modi would not receive a fair trial if extradited.
Upon hearing both sides, Judge Samuel came to the conclusion that the government of India had “ample opportunities” to respond to concerns previously raised by a medical doctor who had examined Modi.
49-year-old Nirav Modi was taken into custody on charges of money laundering. Charges against Modi involve PNB’s Mumbai branch that extended his companies loans worth over Rs 11,300 crore. Now lodged in Wandsworth prison in west London, he is the subject of two extradition requests; one processed by the Central Bureau of Investigation (CBI) and the other by the Enforcement Directorate (ED).
Earlier this week, extradition of the whistleblower Julian Assange was blocked on grounds of mental illness, however, it cannot be equated with Nirav Modi since the former reportedly suffers from Asperger’s Syndrome and depression.
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