New Delhi: Nirav Modi’s extradition verdict to be out today, he will know whether he’ll be deported back to India where he is wanted for fraud and money laundering in the ₹ 14,000-crore Punjab National Bank (PNB) scam. Since his arrest, the fugitive diamond merchant has made six attempts to get bail, of which all got denied. Modi even approached the High Court but was denied bail again and was deemed a flight risk, his extradition case began in March 2019.
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Today Modi is expected to appear via video conferencing from Wandsworth Prison in south-west London at Westminster Magistrates’ Court, where District Judge Samuel Goozee will likely hand down his judgement on whether the diamantaire has a case to answer to in India. The court rulings will be sent back to UK Home Secretary Priti Patel for a sign-off with a possibility of appeal.
Nirav Modi’s case concluded last month, Judge Goozee was taken through evidence already presented before Westminster Magistrates’ Court in London by the Crown Prosecution Service (CPS) who were arguing on behalf of the Indian authorities which focused on laying out the prima facie case of fraud, money laundering, and perverting the course of justice.
Nirav Modi is the subject of two sets of criminal proceedings, with the Central Bureau of Investigation or CBI case relating to a large-scale fraud upon PNB through by obtaining illegal letters of undertaking (LoUs) or loan agreements, and the Enforcement Directorate (ED) case relating to the laundering of the proceeds of that fraud.
During the last hearing, CPS barrister Helen Malcolm told the court through video conferencing said, “while the defence claims this is a mere commercial dispute, there is a plethora of evidence to point to a ponzi-like scheme where new LoUs were used to repay old ones.”
According to PTI, Modi’s defence team, led by barrister Clare Montgomery claimed that the entire issue is a commercial dispute involving “authorised through ill-advised lending” that took place in “broad daylight”. The defence also claimed that his actions did not meet the legal threshold of perverting the course of justice or amounted to fraud. The defence also relied on arguments around Modi’s mental health condition, they said that he has a family history of depression and suicide. This was challenged by the CPS who called for an independent evaluation of medical records by a consultant psychiatrist to assure that appropriate conditions are met by the authorities for his care in India.
An updated video of the prison cell conditions at Barrack 12 in Arthur Road Jail in Mumbai, where Modi is to be held was submitted by the Indian government to highlight that it meets all human rights requirements of natural light and ventilation.