UK Court Rejects Nirav Modi's Challenge Against India's Extradition Plea

LIVELAW NEWS NETWORK

25 Feb 2021 11:12 AM GMT

  • UK Court Rejects Nirav Modis Challenge Against Indias Extradition Plea

    A court in the United Kingdom on Thursday, 25 February, rejected the challenge made by fugitive diamantaire Nirav Modi against the extradition request made by the Governemnt of India for trial in the Rs. 14,000 crore Punjab National Bank (PNB) scam.The judge, who had said that Modi has a case to answer for in India, said that the jeweller would not be denied justice if he is extradited...

    A court in the United Kingdom on Thursday, 25 February, rejected the challenge made by fugitive diamantaire Nirav Modi against the extradition request made by the Governemnt of India for trial in the Rs. 14,000 crore Punjab National Bank (PNB) scam.

    The judge, who had said that Modi has a case to answer for in India, said that the jeweller would not be denied justice if he is extradited to India.

    District Judge Samuel Goozee ruled that Modi had conspired to destroy evidence and intimidate witnesses, the report said. Modi has the option of appealing to the higher court against the extradition order.

    The court also said that it was satisfied there is evidence that Modi could be convicted and that there were clearly links between him and other connivers including officials of PNB.

    Rejecting all grounds of challenge raised by Modi, the UK Court forwarded the case to the Secretary of the State to decide as to whether Nirav Modi is to be extradited.

    Modi has also been notified of his right to appeal within 14 days, and the decision on extradition cannot be made until the appeal is disposed of, provided he exercises the right to appeal within the said period.

    Notably, former Supreme Court judge Justice Markandeya Katju had given testimony as an expert witness for Nirav Modi, opposing the extradition plea of Government of India

    Justice Katju opposed plea for extradition on the ground that he was unlikely to receive a "free and fair trial in India". The written submission filed by him in the case states that Modi was subjected to "media trial" in India and that in such a "hostile atmosphere", he was unlikely to receive a free and fair trial in India.

    Also Read :  UK Court Rejects Justice Katju's Opinion Against Indian Judiciary In Nirav Modi Extradition Case

    Former Bombay High Court judge Justice Abhay Tipsay also deposed as an expert witness for Modi, opining that the allegations against him do not constitute criminal offences under the Indian law.

     Diamond merchant Nirav Modi is facing accusations of committing offences under the Prevention of Corruption Act, the Prevention of Money Laundering Act, Indian Penal Code etc in relation to the Rs.13,000 crore Punjab National Bank scam.

    After the reports of the scam surfaced in February 2018, Modi fled India in May 2018, along with his relative Mekul Choksi. In March 2019, he was arrested in London by UK police at the request of Indian authorities.

    Click here to read/download the judgment



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