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A British court on Tuesday, June 28, opened the continuation appeal hearing in the extradition case of Nirav Modi, who is wanted in India on the charges of fraud and money laundering amounting to an estimated USD 2 billion in the Punjab National Bank (PNB) loan scam case.
The 51-year-old diamond merchant had lodged an appeal last year against his extradition order on mental health grounds.
The hearing this week is for the continuation of that appeal, with a judgment likely soon.
If Modi wins this appeal hearing in the High Court, he cannot be extradited unless the Indian government is successful in getting permission to appeal at the Supreme Court on a point of law of public importance.
On the flip side, if he loses this appeal hearing, Modi can approach the Supreme Court on a point of law of public importance, to be applied for 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.
Finally, after all avenues in the UK courts are exhausted, he could still seek a so-called Rule 39 injunction from the European Court of Human Rights (ECHR).
Modi, meanwhile, remains behind bars at Wandsworth Prison in south-west London since his arrest in March 2019.
The High Court hearings follow a ruling in August last year by High Court Justice Martin Chamberlain that arguments concerning the jeweller's “severe depression” and “high risk of suicide” were arguable at a full appeal hearing.
Modi's "high risk of suicide" and the "adequacy of any measures capable of preventing successful suicide attempts in Arthur Road prison” in Mumbai were deemed as the focal points for the appeal.
Modi's legal team have sought to establish that it would be oppressive to extradite him due to his mental condition that could lead to suicidal impulses, given the family history of suicide of his mother, and that he is at risk of “flagrant denial of justice” in India. The lawyers have also claimed the COVID-19 pandemic is “overwhelming” the Indian prison system.
The Crown Prosecution Service (CPS), arguing on behalf of India, has highlighted the “high level of diplomatic assurance” to provide adequate medical attention to the accused on being extradited to face trial in India.
He also faces two additional charges of "causing the disappearance of evidence" and intimidating witnesses or “criminal intimidation to cause death”, which were added to the CBI case.
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