UK Court permits Nirav Modi appeal against India extradition

UK high court Judge Martin Chamberlain on Monday granted fugitive diamond merchant Nirav Modi permission to appeal against a magistrates' court order in favour of extradition to India to face charges of fraud and money laundering before the Indian courts on mental health and human rights grounds. Justice Chamberlain delivered his verdict remotely under COVID-19 rules to conclude that the arguments presented by the 50-year-old diamond merchant's legal team concerning his "severe depression" and "high risk of suicide" were arguable at a substantial hearing.

"At this stage, the question for me is simply whether the appellant's case on these grounds is reasonably arguable. In my judgment, it is. I will grant permission to appeal on Grounds 3 and 4," Justice Chamberlain's ruling notes. Grounds 3 and 4 relate to Article 3 of the European Convention of Human Rights (ECHR), or the right to life, liberty and security, and Section 91 of the UK's Criminal Justice Act 2003 related to fitness to plead. The judge noted that the arguments made under both grounds overlap in this case as they both rely principally on the appellant, Nirav Modi's mental ill health.

Nirav Modi's lawyer in an application to the UK high court last month to appeal against his extradition said it would seriously impact his mental health and would worsen "suicidal feelings". England's Crown Prosecution Service, which is representing the Indian government in the case, dismissed Modi's concerns and asked the judge to throw out the appeal. Modi has been accused of defrauding the state-owned PNB of more than $2 billion and has also been charged by the Indian government with witness intimidation and destruction of evidence.