Nirav Modi may cite prison conditions to seek UK asylum
LONDON: India was included in the ‘safe’ list of countries in 2005, but one of the grounds on which UK asylum may be considered is poor prison conditions in which an applicant may be lodged if returned—a claim likely to be raised by fugitive businessman Nirav Modi.
Facing charges of serious financial misconduct in India, Modi’s location abroad remains unknown, but Indian quarters say it is “highly likely” that he is in the United Kingdom (not London), having arrived at a private airport before his Indian passport was revoked in February.
On Monday, the CBI court in Mumbai reportedly took cognisance of the agency’s chargesheet in the Punjab National Bank scam and issued non-bailable warrants against Modi, his brother Neeshal Modi, and Subhash Parab, an executive in Nirav Modi’s group of companies.
The arrest warrant is likely to set in motion the process of India seeking Modi’s arrest, if present in the UK, as part of a future extradition request. India has not yet made an extradition request, but any such request may become infructuous if Modi is granted asylum here.
Home Office sources say no application for asylum has yet been made by Modi (who has family in the UK), but an expert legal team is said to be working on submitting one. Modi has a jewellery store called ‘Nirav Modi’ in Mayfair, where business is usual.
India is no longer considered a place from where people flee, and its inclusion in the list of ‘safe’ countries in 2005 for asylum purposes means that applications that are rejected and certified as “clearly unfounded” cannot be appealed against while the applicant is in the UK.
The four major grounds for considering asylum applications from Indian citizens are: sexual orientation and gender identity, prison conditions, women fearing gender-based harm/violence, and religious minority groups.