A London High Court judge has denied Nirav Modi’s latest bail application, citing a “confidential impediment” that continues to delay the extradition process of the fugitive diamantaire, wanted in India on charges of fraud and money laundering.
Justice Michael Fordham, presiding over the bail hearing at the Royal Courts of Justice on Thursday, stated there are substantial grounds to believe that Nirav Modi, 54, would fail to surrender if released, posing a high risk of absconding. Despite Nirav’s legal team arguing that the “long passage of time” without trial should favor his release, the judge highlighted a legal constraint linked to “confidential proceedings” that has prevented his extradition, even though the formal extradition process has largely concluded.
The confidential issue, known only to Nirav Modi, his lawyers, the UK Home Office, and the court, remains undisclosed to the Crown Prosecution Service (CPS) and Indian authorities. CPS barrister Nicholas Hearn acknowledged the “existing confidential impediment” and emphasized that its secrecy limits the court’s ability to fully assess the risks and implications surrounding the case.
Reports suggest the “confidential proceedings” may relate to an asylum application filed by Nirav Modi, although precise details remain unclear.
Nirav Modi has been in custody in London since his arrest in March 2019. This latest bail request marks his eighth attempt, with all previous applications rejected due to concerns that he poses a flight risk.
Justice Fordham acknowledged the human cost of detention, including evidence about Nirav’s physical and mental health deterioration, expert medical opinions, and reports of assaults and threats while in custody. However, he ruled that these concerns do not outweigh the risk of flight or justify bail under the circumstances.
Nirav Modi faces three sets of criminal proceedings in India: a Central Bureau of Investigation (CBI) case involving fraud at Punjab National Bank, an Enforcement Directorate (ED) case on alleged money laundering linked to the fraud, and a case concerning alleged tampering with evidence and witness interference in the CBI case.
In April 2021, former UK Home Secretary Priti Patel approved Nirav Modi’s extradition to India after a prima facie case was established. However, the process remains stalled due to the ongoing confidential legal issues.
The court’s decision underscores the complexities of Nirav Modi’s extradition and the challenges in balancing legal confidentiality with the demands for justice in high-profile cross-border cases.
