Nirav Modi loses appeal against extradition in London HC, still has two options

Diamond merchant Nirav Modi has lost his appeal against extradition to India on mental health grounds in London High Court.

The court ruled on Wednesday that his risk of suicide was not such that it would be either unjust or oppressive to extradite him to face charges of fraud and money laundering in India.

Last year, District Judge Sam Goozees Westminster Magistrates Court had ordered in favour of the extradition. Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeal hearing at the Royal Courts of Justice earlier this year, said in the verdict that order was “sound.”

Appeal on mental health grounds

The leave to appeal in the High Court was granted on two grounds. One, under Article 3 of the European Convention of Human Rights (ECHR), the court heard arguments if it would be unjust or oppressive to extradite the 51-year-old Modi because of his mental state. The second, Section 91 of the Extradition Act 2003, is also related to mental health.

Also read: ED attaches gems, bank deposits worth over Rs 253 cr of Nirav Modi group in Hong Kong

“Pulling these various strands together and weighing them in the balance so as to reach an overall evaluative judgment on the question raised by Section 91, we are 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,” the ruling states.

“It may be that the main benefit of the appeal has been to obtain the extensive further [Indian government] assurances that we have identified in the course of this judgment, which render the position clear to Mr Modi’s advantage and the District Judge’s decision supportable,” the judges ruled.

Options before Nirav Modi

Now that he has lost this appeal, Modi can approach the UK Supreme Court, but within 14 days of the HC verdict. However, it involves a high threshold, as appeals to the SC can only be made if the HC has certified that the case involves a point of law of general public importance.

Finally, after all avenues in UK courts are exhausted, Modi can still seek a so-called Rule 39 injunction from the European Court of Human Rights (ECHR). Therefore, the process of bringing him back to India to stand trial in the estimated ₹11,000-crore Punjab National Bank (PNB) loan scam case still has some way to go.

Cases against diamond merchant

His legal team is yet to comment on any plans to appeal against the HC verdict. Modi has remained lodged at Wandsworth Prison in south-west London since his arrest in March 2019.

Also read: Barrack No.12, Arthur Road Jail – New address of Nirav Modi when extradited

Modi is the subject of two sets of criminal proceedings. One is a Central Bureau of Investigation (CBI) case relating to the PNB loan fraud. The second is an Enforcement Directorate (ED) case relating to the laundering of the proceeds of that fraud.

He also faces two additional charges of “causing the disappearance of evidence” and intimidating witnesses or criminal intimidation to cause death. These were added to the CBI case.

(With agency inputs)