UK govt approves extradition of Nirav Modi to India

The UK authorities Friday accredited the extradition of fugitive jeweller Nirav Modi — needed within the Rs 13,500 crore Punjab National Bank mortgage fraud case by CBI and the Enforcement Directorate — to India. Unless overturned by the High Court within the nation, Modi needs to be introduced again to India quickly, sources mentioned.
“The government has approved it. It is now up to the court,” a CBI officer advised the Indian Express.
On February 25, a UK courtroom had ordered Modi’s extradition following which it was despatched to the Secretary of State for approval. The courtroom’s determination, nevertheless, was liable to be challenged after the Secretary of the State had given his approval. Modi had 14 days to problem this order within the High Court.
The UK courtroom had delivered the decision holding that the proof in opposition to Modi was prima facie adequate to order his extradition to India to face the costs. The courtroom had additionally upheld the assurances of the Government of India and rejected the submissions of defence relating to human rights violations, truthful trial and jail situations.
Declaring it was happy with all situations mandatory for Modi’s extradition, the courtroom had mentioned, “Therefore, in accordance with S.87(3) EA 2003 I am sending this case to the Secretary of State for a decision as to whether Nirav Modi is to be extradited.”
The courtroom had mentioned Modi would have the fitting to enchantment to the High Court in opposition to its determination to ship the case to the Secretary of State. However, this enchantment wouldn’t be heard till the Secretary of State had decided, it had mentioned.
“The appeal can be on a point of law or fact or both,” the courtroom had mentioned.
“Today’s judgement of Westminster Magistrates’ Court is a significant achievement in the context of CBI’s efforts to curb corruption and is a reminder that fugitives, who have eluded the process of law after commission of large value frauds, cannot consider themselves above the process merely because they have changed jurisdictions,” CBI had mentioned in an announcement then.
The 49-year-old jeweller had appeared by way of video hyperlink from Wandsworth Prison in south-west London as District Judge Samuel Goozee handed down his judgment at Westminster Magistrate’s Court in London. Modi has been lodged right here since his arrest on an extradition warrant in March 2019 at a central London financial institution department, the place he was making an attempt to arrange a brand new account.
The defence arguement that trial had been prejudiced since high politicians from the ruling celebration had made feedback about Nirav Modi and his culpability was rejected by the courtroom.
Modi, alongside along with his uncle Mehul Choksi, had been booked by investigative companies CBI and ED in January 2018 for what’s now often known as the PNB rip-off. Diamond merchants Modi and Choksi had collectively defrauded the Punjab National Bank of Rs 13,500 crore by fraudulent letters of enterprise. Both fled the nation earlier than an FIR was registered by the CBI in opposition to them in 2018.
In July, 2018, India despatched a request to the UK to extradite Modi based mostly on ED and CBI chargesheets.
On February 11, 2020, India issued an extra extradition request for 2 further offences which Modi faces as a part of the CBI case. These offences relate to allegations that Modi has interfered with the CBI investigation by inflicting the disappearance of proof and intimidating witnesses.
Modi had been staying close by at an opulent penthouse in Centrepoint within the coronary heart of the UK capital on the time of his arrest.
Following his arrest in 2019, he had petitioned the courtroom a number of occasions for bail, however these have been rejected based mostly on proof supplied by ED and CBI.
The courtroom proceedings had dwelt upon size on fascinating submissions made by retired Justice Markanday Katju’s in defence of Modi. All assertions have been rejected although.
The courtroom had famous that Justice Katju’s proof centred totally on the very fact Indian Courts have change into politicised. “He states that in recent years the Supreme Court in India has ‘practically surrendered before the Indian Government and is doing its bidding and is not acting as an independent organ of the state protecting the rights of the people as it was supposed to be’ and in his view the ‘Indian judiciary has largely surrendered before the political executive’.”
The courtroom additionally famous Katju’s opinions on CBI and ED saying, “In relation to the CBI, Justice Katju explains there is evidence that the Government blatantly interferes with the CBI’s functions and that it functions under the direction of the ruling government. ‘Justice cannot be expected from an institution which itself is caged’. As far as the ED is concerned his opinion is that they are under the complete control of the government.”
Rejecting Katju’s assertions, the choose had mentioned, “I attach little weight to Justice Katju’s expert opinion. Despite having been a former Supreme Court judge in India until his retirement in 2011 his evidence was in my assessment less than objective and reliable. His evidence in Court appeared tinged with resentment towards former senior judicial colleagues. It had hallmarks of an outspoken critic with his own personal agenda.”
It additionally rejected his assertion of politicisation of the Supreme Court by the instance of a former CJI turning into a member of Parliament from the ruling celebration publish retirement, stating that Katju had himself accepted appointment as Press Council of India chief after he retired.