Nirav Modi can be extradited to India: UK court
A United Kingdom court on Thursday ruled that fugitive diamantaire Nirav Modi can be extradited to India, stating that he has a "case to answer for in India." Modi is wanted for fraud and money laundering in the Rs. 14,000 crore Punjab National Bank (PNB) scam. The 49-year-old is currently locked up in a London prison. Here are more details.
Prima facie there is case of money laundering: Court
District Judge Samuel Goozee at the Westminster Magistrates' Court said that prima facie there is a case of money laundering against Modi. "I am satisfied that Nirav Modi's extradition to India is in compliance per human rights," the judge said, adding that Modi had the right to appeal the order. "There is no evidence that if extradited Nirav Modi will not get justice."
Modi was not in legitimate business: Court
The judge said there were links between Modi and other connivers in clearing Letters of Undertaking. "I don't accept that Modi was involved in legitimate business. I find no genuine transactions and believe there's a process of dishonesty," he said. The manner in which LoUs were obtained, "the combination as a whole, takes us to the conclusion that Modi and co. were fraudulently operating."
Government of India reassured safe conditions in prison: Court
The judge also said, "Modi fears prosecution in India. Although he has expressed suicidal thoughts, the government of India has reassured safe conditions in prison, through a video in August. The video shows better sanitation and hygiene than the video in 2019." The court reviewed conditions at Barrack 12 in Mumbai's Arthur Road Jail, where Modi is to be held.
Modi appeared through video conferencing from Wandsworth Prison
Modi, who is languishing in Wandsworth Prison in southwest London, appeared in court through video conferencing. Modi's lawyers argued that getting LoUs is a standard practice. They had also argued Modi's mental health, stating that he suffers from severe depression and has suicidal thoughts. The Crown Prosecution Service (CPS) made the case for Modi's extradition on India's behalf.
Modi faces 2 criminal proceedings
Modi is subject to two sets of criminal proceedings. One involves the case registered by the Central Bureau of Investigation (CBI) over the large-scale PNB fraud wherein he obtained illegal letters of undertaking (LoUs) or loan agreements. The second case was registered by the Enforcement Directorate (ED) and is related to the laundering of the proceeds of that fraud.
Modi had fled India shortly before scam came to light
Before the large-scale scam was reported, Modi fled India along with wife Ami, brother Nehal, and uncle Mehul Choksi. He was traced in London, UK, and arrested on an extradition warrant on March 19, 2019. He has sought bail multiple times, however, his pleas have repeatedly been turned down at both the Magistrates' and High Court level, since he was deemed a flight risk.
