LONDON: A British court on Tuesday 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.
Lord Justice Jeremy Stuart-Smith and Justice Robert Jay presided over an initial hearing at the High Court in December last year to determine whether District Judge Sam Goozee’s Westminster Magistrates’ Court ruling from February 2021 in favour of extradition was incorrect to overlook the diamond merchant’s “high risk of suicide”.
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…
The 51-year-old diamond merchant had lodged an appeal last year against his extradition order on mental health grounds.
Lord Justice Jeremy Stuart-Smith and Justice Robert Jay presided over an initial hearing at the High Court in December last year to determine whether District Judge Sam Goozee’s Westminster Magistrates’ Court ruling from February 2021 in favour of extradition was incorrect to overlook the diamond merchant’s “high risk of suicide”.
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…