Hindustan Times (Noida)

NIRAV MODI

-

tion 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”.

Nirav Modi’s lawyer Zulfiquar Memon said: “Nirav Modi was not being allowed to present evidence; he didn’t get any relief from the trial court (during the trial). Our hope is now high court only”. Another Modi lawyer, Vijay Aggarwal, said: “Two points in this judgement I find very unfortunat­e, firstly UK courts considerin­g 161 CRPC statement (statement recorded before police/investigat­ing officer) recorded by CBI to be admissible and secondly considerin­g jail conditions in Arthur Road fit as per human dignity”.

Newspapers in English

Newspapers from India