: UK court clears Nirav Modi’s extradition to India #IndiaNEWS #Business London: Nirav Modi, the diamond merchant wanted in India on charges of fraud and money laundering in the estimated USD 2-billion
UK court clears Nirav Modi’s extradition to India #IndiaNEWS #Business
London: Nirav Modi, the diamond merchant wanted in India on charges of fraud and money laundering in the estimated USD 2-billion Punjab National Bank (PNB) scam case, lost his legal battle Thursday against extradition. A United Kingdom (UK) judge ruled that Nirav Modi does have a case to answer before the Indian courts.
The 49-year-old appeared via videolink from Wandsworth Prison in south-west London. He showed no emotion as District Judge Samuel Goozee handed down his judgment at Westminster Magistrates’ Court here.
“I am satisfied on the evidence that a prima facie case of fraud and money laundering is established,??? said Judge Goozee. He read out parts of his judgment in court. He concluded that he will send his ruling to the UK’s Secretary of State, Priti Patel. It is the Cabinet minister who is authorised to order an extradition under the India-UK Extradition Treaty and has two months within which to make that decision.
The Home Secretary’s order rarely goes against the court’s conclusions. Patel has to consider only some very narrow bars to extradition which are unlikely to apply in this case, including the possible imposition of a death penalty.
Whatever the ministerial decision, the losing side – Nirav – has up to 14 days within which to approach the High Court and seek leave to appeal after the Home Secretary’s decision. Any appeal, if granted, will be heard at the Administrative Division of the High Court here.
Nirav was arrested on an extradition warrant March 19, 2019. He has appeared via videolink from Wandsworth Prison for a series of court hearings in the extradition case. His multiple attempts at seeking bail have been repeatedly turned down. It was turned down both at the Magistrates’ and High Court level, as he was deemed a flight risk.
Nirav is the subject of two sets of criminal proceedings, with the Central Bureau of Investigation (CBI) case relating to a large-scale fraud upon PNB through the fraudulent obtaining of letters of undertaking (LoUs) or loan agreements, and the Enforcement Directorate (ED) case relating to the laundering of the proceeds of that fraud. He also faces two additional charges of ‘causing the disappearance of evidence’ and intimidating witnesses or ‘criminal intimidation to cause death’, which were added on to the CBI case.
Analogy of alleged crime
January 29, 2018: Punjab National Bank (PNB) files police complaint against Nirav Modi, Mehul Choksi and others accusing fraud to the tune of Rs 2. 81 billion.
February 5: The Central Bureau of Investigation (CBI) launches an investigation into the alleged scam.
February 16: The Enforcement Directorate (ED) seizes a cumulative Rs 56.
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