Nirav Modi is that diamond merchant who is wanted in India on charges of fraud and money laundering. He is facing two sets of criminal proceedings - a CBI case and an ED case - relating to an estimated $2 billion Punjab National Bank (PNB) scam. He is currently lodged in London’s Wandsworth Prison.
On August 9, a London High Court judge granted Modi permission to appeal against his extradition to India on grounds of mental health and human rights. All other grounds raised by the defence were dismissed.
What happens next?
If Modi wins that appeal, he cannot be extradited to India. However, the Indian government can knock on the doors of the Supreme Court. If Modi loses, he can be extradited to India. However, Modi can knock on the doors of the Supreme Court within 14 days of the High Court verdict. Remember, that in both these circumstances, an appeal to the Supreme Court can only be made if the High Court certifies that the case involves a point of law of general public importance.
After exhausting all these avenues, Nirav Modi could still head to the European Court of Human Rights. It’s a long way to go until this extradition case finds a closure.
What does Nirav Modi’s extradition mean to India?
From Vijay Mallya to Mehul Choksi, India has consistently failed in extraditing offenders raising questions on diplomatic ties and legal framework.
Revelation of the bank fraud had caused massive uproar in the country by which time, Nirav Modi was absconding.
The Government of India’s extradition request was initiated in July 2018. Unlike Mallya, who is on bail, Nirav Modi, after being arrested on 19th March, 2019, has remained in custody right through the extradition proceedings.
Despite an extradition treaty signed in 1992, India has so far been successful in extraditing only one person. Samirbhai Vinubhai Patel, who was wanted in a case linked to the 2002 Gujarat riots, was extradited in October 2016.
Like Nirav Modi, Raymond Varley, who was earlier accused of sexually abusing children in Goa, had appealed against his extradition citing mental illness.
The government has been severely criticised for failing to prevent Modi and Mallya from fleeing. The extradition of this fugitive diamantaire would surely make India sparkle finer than Kohinoor diamond.
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