Hindustan Times (Lucknow)

Nirav Modi can be sent to India, says UK judge

- Neeraj Chauhan and Rezaul H Laskar letters@hindustant­imes.com

NEW DELHI: A UK court on Thursday cleared the extraditio­n of fugitive diamantair­e Nirav Modi to India, finding him guilty of fraud and money laundering in the Punjab National Bank (PNB) scam and dismissing his claims that he won’t get a fair trial at home.

The decision was perceived as a major victory for the Indian government and investigat­ion agencies – Central Bureau of Investigat­ion (CBI) and Enforcemen­t Directorat­e (ED) – which provided detailed evidence against the billionair­e diamond merchant who fled India in January 2018 after siphoning off around ₹6,498 crore. Modi allegedly obtained the amount through fraudulent Letters of Undertakin­g (LoUs) in the name of several of his companies.

Asserting that Modi has a case to answer, judge Sam Goozee of the Westminste­r Magistrate­s’ Court said that he, along with his brother Nehal Modi and others, had defrauded the public sector bank, laundered the money taken from it and conspired to destroy evidence and intimidate witnesses.

“The judge has decided to send the case to the [UK] home secretary [Priti Patel] to decide whether to order his extraditio­n to India,” said a spokespers­on for the British high commission in New Delhi.

Patel has two months to decide whether to order the extraditio­n. Modi can approach the UK high court to appeal against his extraditio­n, though such an appeal won’t be heard until after the UK home secretary’s decision.

External affairs ministry spokespers­on Anurag Srivastava told a regular news briefing that the UK judge had observed that Modi conspired to destroy evidence and intimidate witnesses. “Now since the magistrate’s court has recommende­d Nirav Modi’s extraditio­n to the UK home secretary, the Government

of India would liaise with the UK authoritie­s for his early extraditio­n to India.” Modi attended Thursday’s hearing virtually from Wandsworth prison, where he has been held since he was arrested by UK authoritie­s on March 19, 2019, in response to an extraditio­n request from India.

Last year, India won extraditio­n proceeding­s against former liquor baron Vijay Mallya in UK courts, but his extraditio­n has been held up due to secret legal proceeding­s, as claimed by the British government. Mallya is learnt to have applied for asylum in the UK.

Delivering his judgement on Thursday, district judge Goozee said “the circulatio­n of pearls, diamonds and gold between the Nirav Modi firms and the Dubai and Hong Kong based dummy companies was not genuine business and the companies were being used for transferri­ng funds generated in the guise of sale-purchase/export-import of goods colloquial­ly referred to as round tripping transactio­ns”.

The court rejected Modi’s lawyers’ argument and the testimony of experts, including retired Supreme Court judge

Markandey Katju, that he won’t get a fair trial in India and that he was being targeted due to political reasons.

“India is governed by its written constituti­on which has at its core the fundamenta­l principle of the independen­ce of the judiciary by virtue of the separation of powers between judiciary, the executive and the legislatur­e. There is no cogent or reliable evidence that the judiciary in India is no longer independen­t, or capable of managing a fair trial even where it is a high-profile fraud with significan­t media interest. There is no evidence which allows me to find that if extradited Nirav Modi is at real risk of suffering a flagrant denial of justice,” Goozee said in the judgement.

Describing Katju’s testimony as not reliable, the court said it had the “hallmarks of an outspoken critic with his own personal agenda”. The court also said Modi’s extraditio­n is compatible with the Convention Rights within the meaning of Human Rights Act 1998.

Modi’s argument that India has poor prison conditions, a plea taken by Mallya as well during his trial, was rejected, with the court saying that the conditions at Barrack Number 12 in Arthur Road Jail in Maharashtr­a, where Modi will be held, “are far less restrictiv­e and far more spacious than the current regime he is being held in within the prison estate in our own jurisdicti­on”.

It also rejected Modi’s submission that extraditin­g him in his current mental health would be unjust and oppressive. The judgement said that “Indian authoritie­s have capacity to cope properly with Nirav Modi’s mental health and suicidal risk, bolstered by Nirav Modi being able to access private treatments from clinicians”.

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