UK court rejects Nirav Modi's latest bail attempt- The New Indian Express

UK court docket rejects Nirav Modi’s newest bail attempt- The New Indian Categorical

Editorials

By PTI

LONDON: A UK court docket on Monday rejected the newest bail plea of fugitive diamond service provider Nirav Modi, who has been lodged in a London jail since his arrest on an extradition warrant in March final yr.

The appliance was reportedly made on the premise of “new proof”, however Westminster Magistrates’ Courtroom District Choose Samuel Goozee was not satisfied to reverse earlier bail rejections in Modi’s case.

The 49-year-old jeweller, preventing extradition to India on fees of fraud and cash laundering within the estimated USD 2-billion Punjab Nationwide Financial institution (PNB) rip-off case, has made round six earlier makes an attempt at bail, on the magistrates’ court docket in addition to on the Excessive Courtroom stage.

Nevertheless, every of the functions, which got here with a proposal stringent situations akin to deal with arrest and a bail bond safety of four million kilos, have been rejected every time as he has been deemed to have the monetary means and motivation to abscond.

“The repeated rejection of bail software is a results of glorious coordination among the many CBI, the Ministry of Exterior Affairs and Crown Prosecution Service of the UK,” a senior CBI official mentioned in New Delhi, commenting on Monday’s improvement.

At Modi’s final Excessive Courtroom bail listening to in March this yr, Justice Ian Dove had mentioned, “My central concern of a threat of absconding are usually not obviated by the measures offered.”

Modi’s authorized group had supplied a bundle of measures, which included a 24-hour digital tag in addition to a personal safety guard service and strictly-monitored entry to devices and telephones.

The court docket has additionally repeatedly been advised of Modi’s fragile psychological well being and that his psychological situation was “deteriorating with the ever-increasing detention”.

“He has more and more suffered from extreme melancholy and the newest evaluation reveals he’s on the edge of being topic to hospitalisation until given correct therapy… and his health to plead could also be doubtful right here or within the requesting state (India) given a excessive threat of suicide,” Modi’s barrister, Clare Montgomery, had advised Westminster Magistrates’ Courtroom final month as a part of the defence arguments in opposition to insufficient jail situations in India.

Modi is subsequent scheduled to look through videolink from Wandsworth Jail in south-west London on November 3, for the listening to in his extradition case when Choose Goozee will likely be offered with arguments to find out the admissibility of the proof supplied by the Indian authorities.

There may be at the least one additional last listening to within the case, anticipated both in December or early subsequent yr, for closing submissions by either side.

A judgment within the case is anticipated solely after the closing submissions.

At a five-day listening to held in September, Justice Goozee presided over arguments for and in opposition to the case for his extradition introduced by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).

The Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, performed movies in court docket in assist of extra fees of Modi’s disruption of the CBI’s investigation by inflicting the disappearance of proof and prison intimidation of witnesses.

Assurances of satisfactory jail situations had been additionally supplied by the Indian authorities, together with extra commitments of applicable psychological well being take care of Modi on being extradited.

The defence group, led by Montgomery, sought to not solely set up that Modi’s actions associated to PNB-issued letters of endeavor (LoUs) didn’t quantity to fraud but in addition deposed witnesses to focus on psychological well being considerations.

The defence has claimed that the situations at Barrack 12 in Arthur Street Jail in Mumbai, the place Modi is to be held on being extradited, don’t meet the UK court docket’s human rights standards.

The primary set of hearings within the case came about again in Could, with the hearings in September finishing the method to ascertain a prima facie case and decide if the jeweller has a case to reply earlier than the Indian courts.

The case is being heard in a partial distant setting to accommodate coronavirus-related social distancing norms.

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