India is a “friendly foreign power” and the UK must honour its extradition treaty obligations by not picking holes in the government’s assurances that Nirav Modi will be provided with adequate medical care at Arthur Road Jail in Mumbai while on trial for fraud and money laundering, the High Court in London said on Wednesday.
On the second day of an appeal hearing being pursued by the 51-year-old diamond merchant against being extradited to face the Indian courts in the estimated USD 2 billion Punjab National Bank (PNB) loan scam case, a two-judge panel continued to hear arguments that Nirav poses a high risk of suicide due to his depressive state.
His defence team claimed that his depression would worsen if sent to the “hostile environment” of India, where politicians have “demonised” him by pre-judging his guilt, the press has been “vitriolic” and the public has “burnt his effigies”.
“The government of India assurances should be read reasonably benignly and one should not pick every possible hole in them,” Lord Justice Jeremy Stuart-Smith told defence barrister Edward Fitzgerald.
“It is in your client’s interests to demonstrate the assurances aren’t good enough, but we should take a benign approach,” he said.
Justice Robert Jay further noted that India is a “friendly foreign power and we have to honour our treaty obligations”, with reference to the India-UK Extradition Treaty signed in 1992.
Fitzgerald said he adopted an “anxious scrutiny” of the assurances because while the judiciary in India is independent, the executive did not always abide by the rule of law.
“It’s not as if there has been an uncheckered history of utter cooperation… there have been numerous cases where the court found a respondent should not be extradited to India,” he said.
The court was taken through the detailed assurances offered by the Indian authorities, the cumulative effect of which would imply that the psychiatric diagnosis would be “more than adequately managed” in India.
“This is an extremely high profile case in India and there will be many eyes on the government of India and on Mr Modi’s care,” said Helen Malcolm, the Crown Prosecution Service (CPS) barrister, on behalf of the Indian government.
Besides, she pointed to several other safeguards including daily visits by Nirav’s lawyers, access by private medical practitioners and a multidisciplinary medical team agreeing a care plan within days of his arrival in India.
(PTI)








Curator Emma Slocombe with ikat robes and arabachi coats in the Peter the Great Room in Blickling Hall Amit Roy
View of the entrance to Blickling Hall on a rainy autumn dayAmit Roy
Kente cloth from Ghana in the Long Gallery in Blickling Hall
Decoration in the Great Hall at Blickling Hall Amit Roy
Palampore fragment made in coastal south-east India in the Brown Room in Blickling Hall Amit Roy
Bed valance dating from early 1700s in the Italian Print Room at Blickling Hall Amit Roy
Indian inspired fabric draped on sofas in the South Drawing Room in Blickling Hall Amit Roy
Indian inspired fabric draped on sofas in the South Drawing Room with Indian carpet in Blickling Hall Amit Roy
Karun Thakar has picked out the geometric patterns in the bookcase and the Kente cloth in the Long Gallery in Blickling Hall Amit Roy
Large tapestry depicting Peter the Great defeating the Swedish army at the Battle of Poltava in 1709 Amit Roy
ikat robes and arabachi coats in the Peter the Great Room in Blickling Hall Amit Roy
Baghs and kanthas made by women provide contrast to the men only portraits in the Great Hall at Blickling Hall Amit Roy
Baghs and kanthas in the entrance Great Hall at Blickling Hall Amit Roy
Baghs and Kanthas in the Great Hall in harmony with stained glass window at Blickling Hall Amit Roy
Kimonos reflect Japanese influence in Upper Ante Room in Blickling Hall Amit Roy
Kimono in Upper Ante Room in Blickling Hall
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Blickling Hall Amit Roy
Table carpet, European 1670-1680 Amit Roy
Unfinished 17th century Italian embroidery in the Print Room at Blickling Hall Amit Roy
Picture of Kashmir shows a romantic view of India Amit Roy
A panel of Ashburnham bed hangings made in Gujarat for sale in Europe in the Brown Room in Blickling Hall Amit Roy
Colcha made in the 1600s by women in Bengal for the Portuguese market in the Long Gallery at Blickling Hall Amit Roy



