Nirav Modi asks permission to appeal high court’s extradition decision in UK Supreme Court, Retail News, Retail ET

Nirav Modi moves to allow high court's extradition decision to be appealed to the Supreme Court of Great Britain

LONDON: Indian fugitive billionaire Nirav Modi has asked the UK’s supreme court to allow his appeal against his decision to allow his extradition to India in the UK Supreme Court.

On Wednesday, the administrative court of the high court confirmed to TOI that Nirav had filed a request for permission to appeal the high court’s decision dismissing his appeal and that he had also requested request the high court to certify points of law of general importance to the public. The latter is the most important because if no law points are certified, Nirav cannot appeal to the Supreme Court.

The Indian authorities now need to respond to his application and it will then be forwarded to the judges.

A decision can be made on paper, without an oral hearing, and a statement is expected within a month.

On 9 November, the administrative court of the high court dismissed Nirav’s appeal against the lower court’s decision to extradite him to India. The 51-year-old man is still inside wand in prison, has 14 days from November 9 to apply to the high court for permission to appeal the decision and be certified a position of law of general importance to the public in that case.

If the court upholds a position of law but refuses to allow an appeal, he has 14 days from that date to apply for leave to appeal in person in the supreme court. If the high court does not confirm a point of law, then the high court has no jurisdiction and he must be extradited within 28 days of the decision. wine tycoon Vijay Mallyawho also lives in London, has not certified any point of the law of public importance in his case so SC cannot hear his case.

At that point, Nirav’s only option left was to approach the European Court of Human Rights in Strasbourg to request an urgent order preventing his deportation to India for human rights reasons. Such orders are notoriously difficult to obtain. Cricket house Sanjeev Chawla did not get such an order and was escorted to Delhi shortly after.

The point of law that Nirav is seeking the Supreme Court to consider is, TOI has learned, camera Draft. The current test of whether extraditing someone is oppressive or unjust (known as Section 91) is established in case law, specifically Turner vs Govt of the USA 2012. The Turner test holds that considered oppressive, the mental state of the person being extradited must be such that “it eliminates his or her ability to resist suicidal urges”. Nirav’s lawyer, Edward Fitzgerald KCargued during Nirav’s appeal hearing that the Turner test was a false test and needed to be rewritten.

Indian authorities are trying to extradite Nirav from UK to India to face fraud charges Punjab National Bank over £700 million (Rs 7,000 crore), money laundering, evidence destruction and witness intimidation.


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