The judgement within the Nirav Modi extradition case will likely be delivered within the Westminster Magistrates Court on February 25, choose Samuel Goozee introduced on Friday on the finish of a two-day listening to after defence groups made concluding arguments.
Claire Montomery, Modi’s lawyer, and Helen Malcolm of the Crown Prosecution Service representing India, quoted from emails, witness statements, financial institution and different paperwork, and introduced their variations on points reminiscent of jail circumstances, psychological well being therapy amenities and the potential of a Modi receiving a good trial, if extradited.
Under the UK-India extradition treaty, India wants to set up in UK courts that there’s a prima facie case towards the individual requested – not a conviction – primarily based on prices that will quantity to offences in legislation in each international locations.
One of Montgomery’s main objections to the extradition is the alleged lack of a prima facie case towards Modi, which was countered by Malcolm, who argued that the fees towards Modi would quantity to related prison prices below British legislation.
“There is multiplicity of evidence”, Malcolm advised the court, that Modi indulged in fraud in relation to in search of loans from the Punjab National Bank in Mumbai. The proof is adequate to set up a prima facie case towards him, she stated.
Malcolm additionally reiterated India’s prices that Modi interfered with witnesses, was concerned in destroying servers and cellphones, and in addition threatened to kill one of many witnesses. It just isn’t for the court to “start double-guessing” what quantities to a criminal offense in India, she added.
Besides the alleged lack of a prima facie case, Modi’s defence group has argued that he wouldn’t obtain a good trial in India, wouldn’t obtain acceptable therapy for psychological illnesses and that there was a danger of suicide. There was no proof on India’s cost that Modi and others conspired to defraud the financial institution, the group argued.
Modi, 49, who’s lodged within the Wandsworth jail in west London and attended the listening to remotely, sporting a jacket and sporting a beard, is the topic of two extradition requests; one processed by the Central Bureau of Investigation and the opposite by the Enforcement Directorate.
Charges towards Modi contain PNB’s Mumbai department that prolonged his corporations loans price over Rs 11,300 crores. The CBI case relates to large-scale fraud upon PNB, by way of the fraudulent acquiring of Letters of Understanding (LOUs/mortgage agreements); the ED case relates to the laundering of the proceeds of that fraud.
The second extradition request was made on the premise of two extra offences as a part of the CBI case, relating to allegations that Modi interfered with the CBI investigation by “causing disappearance of evidence” and intimidating witnesses (”prison intimidation to trigger demise”).