UK prosecution opposes plea, calls arguments “false premise”
Fugitive diamond trader Nirav Modi has approached the UK High Court seeking permission to reopen his extradition case, claiming he faces a “real risk of torture” if returned to India.
The hearing concluded at the Royal Courts of Justice, with the bench reserving its judgment after hearing arguments from both sides.
The case was heard by Lord Jeremy Stuart-Smith and Justice Robert Jay. At the end of the proceedings, Stuart-Smith said,
“This case is of extreme importance, to Mr Modi and to the Indian officials who have travelled from India. We will deliver the judgment as soon as possible.”
Modi appeared via videolink from HM Prison Pentonville, where he remains lodged during the extradition proceedings.
Defence raises torture concerns
Representing Modi, senior lawyer Edward Fitzgerald argued that extradition would expose him to inhuman or degrading treatment during interrogation by Indian agencies.
The defence questioned the assurances provided by Indian authorities, calling them “neither adequate nor reliable,” and raised concerns that Modi could be moved from Arthur Road Jail to other locations for questioning.
Reference to Sanjay Bhandari case
Modi’s legal team cited the case of Sanjay Bhandari, who was recently discharged from extradition in the UK on human rights grounds, arguing that similar concerns should apply.
UK prosecution opposes plea
Opposing the application, barrister Helen Malcolm, representing the Crown Prosecution Service, said the plea was filed late and based on a “false premise.”
She urged the court to adopt a “common sense approach,” highlighting that India had provided strong assurances and that the high-profile nature of the case reduces the likelihood of any rights violations.
Extradition crucial for India trial
If the High Court rejects Modi’s plea, the extradition process is expected to proceed, paving the way for his return to India to face trial in the ₹2 billion Punjab National Bank fraud case.
Modi faces multiple charges, including fraud investigated by the Central Bureau of Investigation and money laundering allegations by the Enforcement Directorate.
In 2021, then UK Home Secretary Priti Patel had approved his extradition. Since then, Modi has filed several unsuccessful appeals and bail applications in UK courts.
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