UK court to decide on extradition of Nirav Modi today

Wanted diamond merchant may appear via videolink from Wandsworth Prison

Wanted diamond merchant Nirav Modi (pictured), who remains behind bars in a London prison as he contests his extradition to India on charges of fraud and money laundering in the estimated $2-billion Punjab National Bank (PNB) scam case, will find out the UK court’s ruling in the nearly two-yearlong legal battle on Thursday.

The 49-year-old is expected to appear via videolink from Wandsworth Prison in southwest London at Westminster Magistrates’ Court, where District Judge Samuel Goozee is set to hand down his judgment on whether the jeweller has a case to answer before the Indian courts. The magistrates’ court ruling will then be sent back to UK Home Secretary Priti Patel for a sign off, with the possibility of appeals in the High Court on either side depending on the outcome.

Modi was arrested on an extradition warrant on March 19, 2019, and has appeared via videolink from Wandsworth Prison for a series of court hearings in the extradition case. His multiple attempts at seeking bail have been repeatedly turned down, both at the Magistrates' and High Court level, as he was deemed a flight risk.

He is the subject of two sets of criminal proceedings, with the Central Bureau of Investigation (CBI) case relating to a large-scale fraud upon PNB through the fraudulent obtaining of letters of undertaking (Lous) or loan agreements, and the 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”, which were added on to the CBI case.

The Crown Prosecution Service (CPS), arguing on behalf of India, has sought to establish a prima facie case against him and also to establish that there are no human rights issues blocking his extradition to India. CPS barrister Helen Malcolm has argued that the jeweller presided over a “ponzi-like scheme where new Lous were used to repay old ones”.