Legal battle continues! Fugitive Nirav Modi makes an appeal in UK SC that..

24 Nov 2022 16:21:40
 
 
On Nov 9, Nirav Modi lost his appeal against extradition to India with a UK court dismissing his plea. Earlier, the High Court of London (United Kingdom) dismissed the appeal of Nirav Modi, who is wanted in India to face money laundering and fraud cases.
 

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After the UK High Court's decision to reject Nirav Modi's plea, the Indian Ministry of External Affairs (MEA) also welcomed the decision, with MEA spokesperson Arindam Bagchi addressig the press conference and saying, "India has been vigorously pursuing the extradition of economic fugitives so that they face justice in India. We welcome the decision of the UK High Court. We want to bring him to India as soon as possible." 
 
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Now in the latest update, it has come forth, that Nirav Modi has reportedly filed an application in the High Court in London, seeking permission to appeal against his extradition order, two weeks after a UK court dismissed his plea against extradition back to India. The fugitive will be approaching the UK Supreme Court as presumably that is the only remedy left, on legal terms. As per the legal process, he will have to take leave from the High Court of the UK, before he goes to the Supreme Court and that has to happen within 14 days.
 
 
 
 
 
On technical ground the basis of Nirav Modi's appeal are valid but the extradition court in the UK, as well as the High Court, had boldly stated in their order sheets that he may be suffering from the tendency of suicide or he may be into depression, however, the threshold is not so high that it will be unjust to send him to India." Bringing the High Court order in picture, it is clear that circumstances are not even minimally in his favor but it is undoubtedly a fact that he is expected to manipulate the case in his favor to his last breathe.
 
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There are high chances that even the UK Supreme Court would dismiss his plea. After that Nirav Modi has another legal aid, at least ideally, to approach the European Court of Human Rights. Even Post-Brexit, the European court can still legitimately take up the matter.
 
  
Heading back in the 'Nirav Modi case'
 
 
Nirav Modi is a prime accused in the Rs 13,500 Cr PNB scam, who had fled India. He lost his appeal after he had moved the High Court in London against extradition on mental health grounds. The bench of Justice Stuart Smith and Justice Robert Jay of the High Court said there are "no features of psychotic illness". The court rejected Nirav Modi's counsel's claims that he will die by suicide due to severe depression and said "Nirav Modi neither is nor is very likely to be at the most severe end of the scale of depressive illness".
 
 
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According to the statement of the UK court, "He has so far displayed no features of psychotic illness. Although he has exhibited persistent suicidal ideation, he has neither attempted suicide or deliberate self-harm nor disclosed plans to do so, except in the most vague and general way." The High Court also noted the steps taken to render Barrack 12 safe and to ensure that there is effectively constant monitoring to reduce both the risk of attempted suicide and the prospect of suicide being committed.
 
The Court noted that the Government of India sought the appellant, Nirav Deepak Modi. Nirav Modi last year had moved the UK High Court against District Judge Sam Goozee's Westminster Magistrate Court ruling in favour of extradition. He is presently behind bars at Wandsworth Prison in southeast London.
 
 
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