Nirav Modi to remain in jail as UK court adjourns extradition case till November 3

The legal woes for fugitive diamond merchant Nirav Modi compounded on Friday after the Westminster Magistrates’ Court adjourned his extradition case till November 3. This implies that he will remain in the Wandsworth Prison where he has been languishing since his arrest on March 19, 2019. Modi had appeared before the court via videolink due to the novel coronavirus crisis. 

While adjourning the matter, District Judge Karim Ezzat stated that the extradition case had been part-heard. It is likely that the court will determine the admissibility of the evidence provided by the Indian authorities in the next hearing. Following this, there will be a final hearing for closing submissions after which a judgment in the case is expected. 

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Arguments in court

Modi has been accused of being the principal beneficiary of the fraudulent issuance of letters of undertaking as part of a conspiracy to defraud the Punjab National Bank to the extent of Rs 13,570 crore. In December 2019, a special PMLA court in Mumbai declared him as a 'Fugitive Economic Offender'. The first set of hearings that commenced in May The first phase of the hearing pertained to establishing a prima facie case against Modi. 

During the 5-day hearing in September, the Crown Prosecution Service played videos in court showing the manner in which Modi caused the disappearance of evidence and intimidated witnesses. Arguing for the Indian government, it provided assurance of adequate prison conditions including additional commitments of appropriate mental health care. This came after Modi's defence team cited the presence of rats, insects, uncovered drains and noise from slums near the Arthur Road jail to claim that there is a risk to his human rights in the jail. 

Led by Barrister Clare Montgomery, the defence team tried to establish that Modi's actions related to PNB-issued letters of undertaking did not amount to fraud. Also, witnesses deposed highlighting the alleged "fragile" mental health condition of the beleaguered diamond merchant. It once again argued that Barrack 12 in the Arthur Road jail did not meet the UK court's human rights criteria.  

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(With PTI inputs)