Fugitive diamond merchant Nirav Modi has sought to reopen his long-running extradition case in the UK, arguing before the High Court that he faces a “real risk of torture” if returned to India, where he is wanted in the USD 2 billion Punjab National Bank (PNB) fraud case.
A two-judge bench comprising Lord Jeremy Stuart-Smith and Justice Robert Jay reserved its verdict after a day-long hearing at the Royal Courts of Justice on Tuesday.
“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,” said Stuart-Smith, as the hearing listed over two days concluded early.
The 54-year-old appeared via videolink from Pentonville prison in north London, where he has been lodged since his arrest in 2019. His legal team relied significantly on the precedent set in the case of Sanjay Bhandari, who was discharged from extradition on human rights grounds last year.
Arguing for reopening the appeal, Nirav’s barrister Edward Fitzgerald KC told the court that “Extradition poses a real risk of inhuman or degrading treatment or torture arising from interrogation in India.” He further challenged assurances provided by the Indian government as "neither adequate nor reliable” and raised concerns about the possibility of additional non-bailable warrants.
The defence also alleged that Modi could be transferred from Mumbai’s Arthur Road Jail to Gujarat for questioning by agencies beyond the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).
Opposing the plea, the Crown Prosecution Service (CPS), representing India, said the application was both delayed and based on a “false premise”. CPS barrister Helen Malcolm KC urged the court to take a “common sense approach”, stressing that the case is “entirely exceptional and significant protective factors exist" to ensure India’s assurances are upheld.
“As to any suggestion that the assurances might be reneged on in secret, the high-profile nature of NDM (Nirav Deepak Modi) and his case make that an unreal proposition," court documents state.
Modi’s extradition was ordered nearly six years ago, and if the court denies permission to appeal, the process is expected to move forward, with him to be held at Arthur Road Jail in Mumbai pending trial.
He faces three sets of criminal proceedings in India: a CBI probe into the PNB fraud, an ED investigation into alleged money laundering, and a separate case involving alleged interference with evidence and witnesses.
In April 2021, then UK home secretary Priti Patel approved Modi’s extradition after UK courts found a prima facie case against him. Since then, he has filed multiple unsuccessful bail pleas and appeals in the UK.