Nirav Modi arrested in London: Here's how the the extradition process is likely to proceed

In a big diplomatic win for the country, absconding economic fugitive Nirav Modi has been arrested in London on Wednesday. Accused of defrauding Indian banks to a tune of Rs 13,700 crores, Nirav Modi will be produced in front of the Westminster Magistrates court at 3:30 pm on Wednesday, sources told Republic TV.

As per CBI sources, the process of extradition of the fugitive diamantaire has started. One of the prime accused in the PNB scam in India, Modi is the subject of an extradition request by India, along with an Interpol Red Corner Notice being issued against him.

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As per the UK government website (www.gov.uk), the extradition process of Nirav Modi to India will follows these steps:

• Extradition request is made to the Secretary of State
• Secretary of State decides whether to certify the request
• Judge decides whether to issue a warrant for the arrest
• The person wanted is arrested and brought before the court
• Preliminary hearing
• Extradition hearing
• Secretary of State decides whether to order extradition

Also, the requesting countries are advised to submit an initial draft request to the Crown Prosecution Service (CPS) or, in the case of Scotland, to the Crown Office and Procurator Fiscal Service (COPFS) extradition team, so that any potential problems can be resolved.

Issuing a certificate

When an extradition request is made to the International Criminality unit (ICU) at the Home Office, the request will be valid if extradition is stated to be for the purpose of prosecuting or punishing a person accused or convicted of an offence in a category 2 territory (India falls in category 2 territory in the process), and if the request is made by an appropriate authority on behalf of that territory. Where these basic criteria are fulfilled the Secretary of State certifies the request and sends it to the courts.

Issuing a warrant

If the court is satisfied that enough information has been supplied, an arrest warrant can be issued. The court must be satisfied that there are reasonable grounds for believing that the conduct described in the request is an extradition offence (which includes the requirement for dual criminality).

Arrest and preliminary hearing - After the person has been arrested he is brought before the court and the judge sets a date for the extradition hearing.

Extradition hearing - The judge must be satisfied that the conduct amounts to an extradition offence (dual criminality), none of the bars to extradition apply, where applicable, there is prima facie evidence of guilt (in accusation cases), and whether extradition would breach the person’s human rights.

Appealing judge’s decision: High Court - The judge’s decision whether to send a case to the Secretary of State can be appealed. 

Appealing High Court decisions: Supreme Court - A requested person, or a requesting State, can apply for leave to appeal to the Supreme Court against the High Court’s decision. 

Extraditing a requested person - Unless there is an appeal, a requested person must be extradited within 28 days of the Secretary of State’s decision to order extradition (subject to any appeal).

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This massive development has come only two days after London court issued an arrest warrant against the diamond merchant. The arrest warrant was issued by the Westminster Court. 

Just over a week ago, Nirav Modi was caught roaming on the UK street by a British daily. Following that, ED sources said that the UK authorities took note of India's extradition request of 2018 and ordered the court to initiate legal proceedings against the fugitive absconder.

Modi is the prime accused in the Rs 13,000 crore PNB fraud, along with his uncle Mehul Choksi. In January, 2018, Choksi was granted citizenship of Antigua and Barbuda, while Modi is in London. Both Modi and Choksi left India in January last year before the PNB scam came out in the public. 

READ: BIG Diplomatic Win For India: Nirav Modi Arrested In London; To Be Produced At The Westminster Court