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Nirav Modi loses bid on anti-extradition appeal to India in UK Supreme Court, Retail News, Retail ET


Nirav Modi loses bid on anti-extradition appeal to India at UK Supreme Court

London: Nirav ModiThe fugitive diamond trader who wants to stand trial in India on fraud and money laundering charges suffered another setback on Thursday in his legal battle against his extradition as the Supreme Court here from refused to allow him to appeal the move in UK Supreme Court.

In a ruling announced at the Royal Courts of Justice in London, Justice Lord Jeremy Stuart-Smith and Justice Robert Jay ruled that “Appellant (Nirav Revision) application for permission to appeal to the Supreme Court was denied”.

In a swift ruling just over a week after the UK Public Prosecution Service (CPS) responded to allowing the 51-year-old representative to appeal the application on behalf of the Indian government, the the judge also ruled that “the certificate of a point of law is denied” that would allow his plea to be moved to a higher court.

Appealing on the basis of a point of law of general public importance is a high threshold that is not often met and this refusal significantly limits Modi’s remaining legal options in the UK for with extradition to India.

The Supreme Court’s latest order also directs Modi to pay the legal costs associated with the latest application, assessed for a total of 150,247.00 GBP.

Last month, Modi lost his case on mental health grounds when, along with two Supreme Court justices, ruled that his suicide risk was not enough to extradite him to India to face charges of coercion. Charging 2 USD is unfair or oppressive. billion Punjab National Bank (PNB) case of loan fraud.

Meanwhile, Mr Modi has remained behind bars at Wandsworth Prison in London since he was arrested on extradition in March 2019.

“If they refuse to confirm a question and go ahead with an appeal that’s the end,” explained CPS previously, regarding the UK court appeal process.

Since his appeal attempt at the High Court in London has now failed, Modi could in principle apply to the European Court of Human Rights (ECHR) to try to block his extradition on the basis that he will not receive justice. and that he will be detained under conditions that violate Article 3 of the European Convention on Human Rights to which the United Kingdom is a signatory.

The ECHR’s threshold of appeal is also very high as he will also have to show that his arguments on those grounds before a UK court have been previously rejected.

UK Home Office sources have indicated that it is not yet known when the extradition may take place as Mr Modi still has legal challenges facing him.

The Supreme Court’s rejection of an appeal last month marked a major victory for the Central Bureau of Investigation (CBI) and Executive Board of Directors (ED) lawsuit against businessman, who has been in prison since being arrested on extradition order in March 2019.

There are three sets of criminal proceedings against diamonds in India – the CBI scam PNB caused the equivalent of more than 700 million GBP, the ED case involving the alleged laundering of proceeds from that scam and The third set of criminal proceedings deals with allegations of interference with evidence and witnesses in CBI proceedings.

Then the UK Home Secretary, Priti Patel, ordered the extradition of Modi based on the Judge Sam Goozeeruling by the Westminster Magistrates Court in April 2021 and the case is currently in the final stage of legal appeal.

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