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Home "Satisfied There's Evidence Nirav Modi Could Be Convicted": UK Judge

“Satisfied There’s Evidence Nirav Modi Could Be Convicted”: UK Judge

A UK court docket is deciding on Nirav Modi’s extradition.

A UK court docket ruling within the practically two-year-long authorized battle of jeweller Nirav Modi’s extradition, who is needed for fraud and cash laundering within the Rs 14,000-crore Punjab Nationwide Financial institution (PNB) rip-off, has stated “I’m happy that there’s proof that Mr Modi could possibly be convicted”. Nirav Modi, 49, is showing by way of video conferencing from Wandsworth Jail in south-west London at Westminster Magistrates’ Courtroom, the place District Decide Samuel Goozee delivering his judgment on whether or not the jeweller has a case to reply earlier than the Indian courts. The magistrates’ court docket ruling will then be despatched again to UK House Secretary Priti Patel for a sign-off, with the potential for appeals within the Excessive Courtroom on both aspect relying on the result.

  1. Nirav Modi was arrested on an extradition warrant on March 19, 2019, and has appeared by way of video conferencing from Wandsworth Jail for a collection of court docket hearings within the extradition case. His multiple attempts at seeking bail have been repeatedly turned down, each on the Magistrates’ and Excessive Courtroom degree, as he was deemed a flight danger.

  2. Nirav Modi is the topic of two units of legal proceedings, with the Central Bureau of Investigation or CBI case referring to a large-scale fraud upon PNB by means of by acquiring unlawful letters of endeavor (LoUs) or mortgage agreements, and the Enforcement Directorate (ED) case referring to the laundering of the proceeds of that fraud. He additionally faces two further prices of proof tampering and intimidating witnesses, which had been added to the CBI case.

  3. The Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, has sought to ascertain a case towards him and in addition to ascertain that there are not any human rights points blocking his extradition to India. CPS barrister Helen Malcolm has argued that the jeweller presided over a “Ponzi-like scheme the place new LoUs had been used to repay outdated ones”.

  4. A Ponzi scheme sometimes refers to an funding rip-off that generates funds for earlier traders with cash taken from later traders and the CPS has claimed that Nirav Modi used his corporations – Diamonds R Us, Photo voltaic Exports and Stellar Diamonds – to make fraudulent use of PNB’s LoUs in a conspiracy with banking officers. They’ve additionally performed movies in court docket as proof of Nirav Modi’s involvement in intimidating dummy officers of his corporations to stay out of the attain of Indian investigating authorities.

  5. Nirav Modi’s defence staff, led by barrister Clare Montgomery, has claimed that your entire difficulty is a industrial dispute involving “authorised although ill-advised lending” that came about in “broad daylight”. It is usually claimed that none of his actions meets the authorized threshold of perverting the course of justice or amounted to fraud. The defence has additionally relied on arguments round Nirav Modi’s psychological well being situation, as somebody who has a household historical past of melancholy and suicide.

  6. Throughout a collection of hearings in the midst of the extradition case final 12 months and early this 12 months, Westminster Magistrates Courtroom has additionally heard detailed arguments from each side about why Nirav Modi’s “deteriorating” psychological well being situation does or doesn’t meet the Part 91 threshold of the Extradition Act 2003 – which was most just lately been used within the UK to dam the extradition of WikiLeaks Founder Julian Assange on the grounds of it being “unjust and oppressive” as he’s a excessive suicide danger.

  7. The CPS has challenged the defence’s stance and had referred to as for an unbiased analysis of medical information by a marketing consultant psychiatrist for applicable assurances to be acquired by the authorities when it comes to his care in India.

  8. Jail situations at Barrack 12 in Arthur Highway Jail in Mumbai, the place Nirav Modi is to be held, have additionally been in focus because the Indian authorities submitted an up to date video recording of the cell to focus on that it meets all human rights necessities of pure gentle and air flow.

  9. Nirav Modi’s legal battle marks one among a number of high-profile extradition circumstances involving accused Indian financial offenders within the UK. Whereas former Kingfisher Airways boss Vijay Mallya stays on bail as a “confidential” matter associated to his extradition to India is resolved, accused arms supplier Sanjay Bhandari’s extradition case is scheduled for its subsequent listening to in April.

  10. In February 2020, wished cricket bookie Sanjeev Chawla was extradited to face prices in India and have become the primary extradition of its form below the India-UK Extradition Treaty, signed in 1992A earlier extradition of Samirbhai Vinubhai Patel, wished in reference to the Godhra riots in Gujarat, from the UK to India in October 2016 had been uncontested and due to this fact didn’t should undergo varied ranges of appeals within the UK courts.

(With inputs from PTI)

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