Top lawyers laud verdict on Nirav Modi’s extradition; ‘Success of diplomatic initiative’

Top lawyers from the Indian legal community hailed the decision of the UK High Court to extradite fugitive diamantaire and economic offender Nirav Modi after he lost his appeal against the extradition to India from the United Kingdom. The Court ruled that extraditing Nirav Modi would not be unjust or oppressive. 

Notably, this is the second high-profile extradition case that India has won after a UK court a few days back ordered the extradition of arms dealer Sanjay Bhandari. The extradition of fugitive Vijay Mallya has already been ordered.

Top Indian lawyers laud Nirav Modi's extradition; ‘Big win for India’

Supreme Court Lawyer KK Manan appreciated the efforts of the Indian diplomatic teams and stated, “There is a difference between the previous and the present government, which doesn’t play loose in the court in India or abroad especially in extradition cases, you will find another person - a relative will be brought back in India because our diplomacy and our top lawyers of the country who are pursuing the extradition cases are working diligently. The day is not far away when Nirav Modi, Choksi or Mallya, all will be brought back.”

There is still a long way to go, said Lawyer Subhash Jha. “This is a first major victory for the government, it has been able to get an order. But still a long way to go. The order of the trial court will be appealed by Nirav Modi in a superior court and may be in the High Court, called the Royal Courts of Justice in UK. But it’s a victory for India.”

The presence of the Indian-origin Prime Minister Rishi Sunak will be an advantage, Lawyer Swapnil Kothari said. “The ground of depression is a very flimsy ground. As far as this case is concerned, Nirav Modi has lost all his legal arguments. What is succeeding here is the diplomatic initiative taken behind the legal scenario. The UK counterparts are now convinced by the Indian counterparts that the Indian legal system is a robust one. There is no question of any human rights violation and more importantly, when Nirav Modi lands here, he will face a process of fair trial,” Kothari asserted.

Presence of Rishi Sunak as PM will be an advantage

Most importantly, Kothari stated the presence of the Prime Minister of Indian-origin Rishi Sunak at the helm of affairs in the UK will also have a bearing on these extradition cases. “Most importantly, we have got an Indian Prime Minister up at the top level in the United Kingdom. I would call him Indian, I would not call him British, I would call it Indian origin, let’s put it that way. He is going to be able to influence the entire judicial system much better in that sense.”

Lawyer Kapil Sankhla stated that the extradition of Nirav Modi to India is not far away. “It’s truly a proud moment. The test of time has shown that the Westminster order has been allowed as the High Court has also passed an order in favour of that, I think the extradition is not far away now.”   

What's next for Nirav Modi?

According to PTI, Modi can appeal in the Supreme Court on a point of law of public importance, to be applied to the Supreme Court against the High Court’s decision within 14 days of a High Court verdict. “However, this involves a high threshold as appeals to the Supreme Court can only be made if the High Court has certified that the case involves a point of law of general public importance,” it said.

If all ways to get a legal relief in the UK courts are exhausted, Modi can seek a so-called Rule 39 injunction from the European Court of Human Rights (ECHR). Nirav Modi’s legal team hasn’t commented on any plans to appeal the High Court verdict.

Image: PTI