Skip to content 
Search

Latest Stories

India submits reply in Nirav Modi's UK extradition appeal

UK Home Office sources have indicated that it is unknown if and when extradition may take place as Modi still has legal challenges open to him.

India submits reply in Nirav Modi's UK extradition appeal

The Indian authorities have submitted their legal response to the application filed by fugitive diamantaire Nirav Modi seeking permission to appeal against his extradition order in the UK Supreme Court.

The Crown Prosecution Service (CPS), which appears on behalf of the Indian government in the UK courts, had until Monday to file a response in the High Court in London on the 51-year-old diamond merchant's plea against being extradited to India to face charges in the estimated $2 billion Punjab National Bank (PNB) loan scam case.


The further appeal was filed by his lawyers last month after he lost his initial High Court appeal on mental health grounds, after a two-judge bench ruled that his risk of suicide is not such that it would be either unjust or oppressive to extradite him from Wandsworth Prison in London to Arthur Road Jail in Mumbai to stand trial on fraud and money laundering charges.

"We met the December 5 deadline," the CPS confirmed.

The High Court in London will now make a decision on whether to grant permission to appeal "on the papers", without a hearing. This process is likely to take some weeks and is not expected to be completed this year.

"If they refuse to certify a question and leave to appeal then that is the end of the road. If they certify a question but refuse leave, then he applies to the Supreme Court directly for permission,” the CPS has said.

Modi's appeal on the grounds of a point of law of general public importance is a high threshold that is not met very often.

On November 9, Lord Justice Jeremy Stuart-Smith and Justice Robert Jay who had presided over the appeal at the Royal Courts of Justice in London ruled that they were “far from satisfied that Mr Modi’s mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him”.

Their verdict also found every reason to accept that the government of India (GOI) will treat its assurances on Modi's medical care at Barrack 12 of Arthur Road Jail with "appropriate seriousness".

UK Home Office sources have indicated that it is unknown if and when extradition may take place as Modi still has legal challenges open to him. If his attempt to have his appeal heard in the Supreme Court fails, in principle, Modi can apply to the European Court of Human Rights (ECHR) to try and block his extradition on the basis that he will not receive a fair trial and that he will be detained in conditions that breach Article 3 of the European Convention on Human Rights, to which the UK is a signatory.

The threshold for an ECHR appeal is also extremely high because he would also have to demonstrate that his arguments on those grounds before the UK courts have been previously rejected.

The dismissal of the High Court appeal last month marked a major win for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman, who has been in prison since his arrest on an extradition warrant in March 2019.

There are three sets of criminal proceedings against the diamantaire in India – the CBI case of fraud on the PNB which caused losses equivalent to over £700 million, the ED case relating to the alleged laundering of the proceeds of that fraud and a third set of criminal proceedings involving alleged interference with evidence and witnesses in the CBI proceedings.

Then UK Home Secretary Priti Patel had ordered Modi's extradition based on Judge Sam Goozee’s Westminster Magistrates’ Court ruling in April 2021 and the case is now undergoing an appeals process on that extradition order.

(PTI)

More For You

Starmer-Getty

Starmer is facing a Labour backbench revolt over plans to reform special needs support in schools without guaranteeing existing legal rights. (Photo: Getty Images)

Getty Images)

Starmer faces Labour pushback over SEND reform plans

KEIR STARMER is facing a backlash from Labour MPs over plans to reform special educational needs and disabilities (SEND) support, after ministers stopped short of guaranteeing legal rights for parents.

Education Secretary Bridget Phillipson said the government was committed to reforming the current system, which costs £12 billion a year. However, she did not confirm if legally enforceable rights, such as those provided by education, health and care plans (EHCPs), would remain.

Keep ReadingShow less
Heavy rain and thunderstorms hit London

Londoners faced a wet and stormy start to the week

iStock

Heavy rain and thunderstorms hit London before 30°C heatwave

Key points

  • Heavy rain and thunderstorms drench London at the start of the week
  • Temperatures set to rise with highs of 31°C expected by Thursday
  • Heatwave could be declared by Friday if warm conditions persist
  • Night-time temperatures to remain high, increasing discomfort
  • UV and pollen levels forecast to be very high across the south

Thunderstorms soak London before summer heat returns

Londoners faced a wet and stormy start to the week as heavy rain and overnight thunderstorms swept through the capital. Monday morning saw widespread downpours, leaving commuters reaching for umbrellas and Wimbledon ticket hopefuls queuing in ponchos.

The unsettled conditions followed a burst of thunderstorms on Sunday afternoon and continued into the early hours of Monday, prompting caution across the city. The Met Office has not issued a formal weather warning for thunderstorms, but conditions remain unstable.

Keep ReadingShow less
National Trust sets vision to heal
nature and engage more Asians

Lisa Nandy, Steve Reed, René Olivieri and Hilary McGrady at a National Trust event marking its 130th anniversary

National Trust sets vision to heal nature and engage more Asians

THE National Trust, which is seeking to broaden its appeal to British Asians, is marking its 130th anniversary with a renewed commitment to restoring nature and widening access under a 10-year strategy.

Its director-general, Hilary McGrady, also aims to inspire more people to get involved in caring for the country’s natural resources.

Keep ReadingShow less
 7/7 bombings

The King said the public should draw on the 'extraordinary courage and compassion' shown in response to the attacks. (Photo credit: X/@RoyalFamily)

Starmer and King Charles pay tribute on 20th anniversary of 7/7 bombings

PRIME MINISTER Keir Starmer and King Charles on Monday paid tribute to the unity shown in the aftermath of the 7 July bombings in London, as the country marked 20 years since the attacks.

On 7 July 2005, four Islamist extremists carried out suicide bombings at Aldgate Station, Edgware Road, King's Cross and Tavistock Square. The attacks killed 52 people and injured hundreds more.

Keep ReadingShow less
Navroop Singh

Navroop Singh was convicted of five charges including rape and was sentenced on July 4 at Isleworth Crown Court. (Photo credit: Metropolitan Police)

Man jailed for life over rape and attempted rape in west London

A 24-year-old man has been sentenced to life in prison for rape, attempted rape and firearm offences following a Metropolitan Police investigation in west London.

Navroop Singh, of Mellow Lane East, Hayes, was convicted of five charges including rape and was sentenced on Friday, July 4 at Isleworth Crown Court. He must serve a minimum of 14 years.

Keep ReadingShow less