UK court will deliver judgment on the extradition of Nirav Modi on February 25
Sentencing in Nirav Modi’s extradition case will be handed down in Westminster Magistrates Court on February 25, Judge Samuel Goozee announced on Friday at the end of a two-day hearing after defense teams presented arguments. end.
Claire Montomery, a lawyer for Modi, and Helen Malcolm from the Crown Prosecution Service representing India, cited emails, witness statements, bank documents and others, and presented their versions on topics such as prison conditions, mental health treatment facilities and the possibility of a Modi receiving a fair trial, if extradited.
Under the extradition treaty between the UK and India, India must establish in UK courts that there is a prima facie case against the requested person, not a conviction, based on charges that would constitute offenses under the law in both countries.
One of Montgomery’s main objections to extradition is the alleged lack of a prima facie case against Modi, which was refuted by Malcolm, who argued that the charges against Modi would amount to similar criminal charges under British law.
“There is a multiplicity of evidence,” Malcolm told the court, that Modi committed fraud in connection with the application for loans from the National Bank of Punjab in Mumbai. The evidence is sufficient to establish a prima facie case against him, he said.
Malcolm also reiterated India’s allegations that Modi interfered with witnesses, was involved in destroying servers and mobile phones, and also threatened to kill one of the witnesses. It is not for the court to “start guessing twice” what amounts to a crime in India, he added.
In addition to the alleged lack of a prima facie case, Modi’s defense team has argued that he would not receive a fair trial in India, he would not receive adequate treatment for his mental illnesses and that there was a risk of suicide. There was no evidence from India’s allegation that Modi and others conspired to defraud the bank, the team argued.
Modi, 49, who is housed at Wandsworth Prison in West London and attended the hearing remotely, wearing a jacket and sporting a beard, is the subject of two extradition requests; one processed by the Central Investigation Directorate and the other by the Execution Directorate.
The charges against Modi involve the PNB branch in Mumbai which extended loans worth more than 11.3 billion rupees to its companies. The CBI case is related to large-scale fraud against PNB, through the fraudulent obtaining of Letters of Understanding (LOU / loan agreements); the ED case refers to the laundering of the proceeds of this fraud.
The second extradition request was made on the basis of two additional offenses as part of the CBI case, related to allegations that Modi interfered with the CBI investigation by “causing evidence to disappear” and intimidating witnesses (“criminal intimidation to cause death “).