A UK court has allowed Nirav Modi to reopen his extradition case, a decision that could delay his transfer to India, where he faces charges of defrauding a bank. After the court accepted the application, Indian authorities and investigating agencies rushed to prepare a formal response in London to avoid a lengthy legal battle.
A senior official, who wished not to be named, told The Hindustan Times that Nirav Modi’s legal team had filed the application at the Westminster court last month to challenge his extradition order. The court accepted the plea and has formally sent a notice to the Indian government, but the date of hearing has not been set yet.
India prepares its response
Meanwhile, the Indian government is preparing a detailed reply, which will be sent through diplomatic channels. The investigating agencies are rushing to prepare a formal reply for London to try and avoid a lengthy legal fight. Another official told HT that the response will reject Nirav Modi’s claims and ask the court to dismiss the application, pointing out that the extradition order was already finalized in 2022.
In his latest plea, Nirav Modi is believed to have argued, using selected testimonies, that if he is sent back to India, multiple agencies would interrogate him and he could face torture during questioning.
The Indian government plans to counter this claim in court, stressing that if extradited, Modi would only face trial under Indian law and would not be questioned by any agency outside legal procedures.
Officials said the extradition process had been moving ahead without and specific hurdles, especially after PM Modi’s visit to the UK in July this year. Both the CBI and the Enforcement Directorate were confident the extradition would happen soon. In fact, a visit by the UK’s Crown Prosecution Service (CPS) to Tihar Jail in Delhi in July gave a positive review of prison conditions.
Where is Nirav Modi now?
Nirav Modi, accused of defrauding Punjab National Bank of Rs 6,498 crore, part of a total Rs 13,578 crore scam that also involves about Rs 7,000 crore linked to his uncle Mehul Choksi, is held up in Wandsworth Prison near London since March, 2019. He was arrested by Scotland Yard after India’s extradition request.
Westminster magistrates’ court had ordered his extradition to India on February 25, 202. The UK High Court upheld the order on November 9, 2022, and also dismissed his request to appeal to the UK Supreme Court, closing off his legal options at the time.
Nirav Modi’s plea acceptance complicates case
One of the officials told HT that the latest decision to reopen the case has complicated matters. Officials said India will do everything possible to stop it from turning into a prolonged legal fight.
Nirav Modi has been officially declared a fugitive economic offender under the FEO Act, 2018. The Enforcement Directorate (ED) has seized his assets worth Rs 2,598 crore under the money laundering law, and Rs 981 crore has already been returned to the banks he defrauded.
Indian authorities are also fighting a case in the UK to bring back overseas assets linked to Modi worth Rs 130 crore.