Fugitive merchant Nirav Modi, who was involved in 2 billion dollar Punjab National Bank (PNB) loan scam case, has filed an application in a UK High Court, seeking permission to appeal against his extradition order in the Supreme Court.
He has approached the high court on grounds that he is a suicide risk and is going through depressive illness.
Modi, is currently in jail at the Wandsworth Prison in London, and he had two weeks to file an application seeking an appeal on the grounds of a point of law of general public importance.
After the appeal, the Crown Prosecution Service (CPS), acting on behalf of the Indian authorities, will respond to the latest application of extradition and after this a High Court Judge will give a ruling on paper.
A final approval for extradition after the legal process is over, has to be given by the UK’s home secretary.
Earlier this month, Modi had lost an appeal on mental health grounds wherein he had argued that his health was ignored by the high court while announcing its verdict to extradite him.
The court had said that they were “far from satisfied that Mr Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him”.
“On the basis of the assurances that the GoI has given, we accept that there will be suitable medical provision and an appropriate plan in place for the management and medical care of Mr Modi, which will be provided in the knowledge that he is a suicide risk (i.e. a person who, in the absence of preventative measures, may or will attempt suicide and will or may succeed),” the judgment read.
If Modi’s attempt fails in the court, he can apply to the European Court of Human Rights (ECHR) to try and block his extradition on the basis that he will not receive a fair trial.
The dismissal of the High Court appeal earlier this month marked a major win for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman.
The latest High Court ruling noted three sets of criminal proceedings against the diamantaire in India – the CBI case of fraud on the PNB which caused losses equivalent to over GBP 700 million, the ED case relating to the alleged laundering of the proceeds of that fraud and a third set of criminal proceedings involving alleged interference with evidence and witnesses in the CBI proceedings.
Then UK Home Secretary, Priti Patel, had ordered Nirav’s extradition based on Judge Sam Goozee’s Westminster Magistrates’ Court ruling in April 2021 and the case has been undergoing an appeals process since then.
With agency inputs
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