Judge Martin Chamberlain published his judgment remotely under the Covid-19 rules, and concluded that the arguments made by Nilav Modi’s legal team regarding his “severe depression” and “high suicide risk” are in substance There is no practical significance at the sex hearing. On Monday, a judge of the High Court of London allowed the fugitive diamond businessman Nirav Modi to appeal a district court order in support of his extradition to India to face fraud on the grounds of mental health and human rights in the Indian courts And money laundering charges. Martin Chamberlain published his verdict remotely under the Covid-19 rules and concluded that the 50-year-old diamond dealer’s legal team had raised questions about his “severe depression” and “high suicide risk”. ‘So argument has no practical significance at the hearing. He also pointed out that in Mumbai’s Arthur Road Prison, if he is extradited, Nilav Modi will be detained there.
The adequacy of measures to prevent “successful suicide attempts” is also in question. “At this stage, the question for me is whether the appellant’s case based on these grounds is debatable. In my opinion, yes. I will allow appeals on grounds 3 and 4,” Judge Chamberlain’s ruling said. Reasons 3 and 4 relate to Article 3 of the European Convention on Human Rights (ECHR), namely the right to life, liberty and security, as well as the provisions of Article 91 of the 2003 British Criminal Justice Act on the ability to defend.
The judge pointed out that the arguments made on these two grounds overlapped in this case because both were mainly based on the mental illness of the appellant Nirav Modi. “I will not limit the basis on which these reasons can be argued, although in my opinion, given the evidence about the seriousness of the appellant, special attention should be paid to whether the judge’s conclusion is wrong. Attitude… [Nirav Modi] Depression, The high risk of suicide and the appropriateness of any measures that can prevent successful suicide attempts at Arthur Road Prison,” the ruling pointed out. The permission to appeal was rejected on all other grounds, and the case will now go to a substantive hearing in the High Court of London on grounds 3 and 4. Diamond dealer, wanted in India, facing charges of fraud and money laundering.
Bank (PNB) fraud is estimated to be worth US$2 billion while remaining in Wandsworth prison. Nirav Modi is the subject of two criminal prosecutions, while the CBI case involves passing fraud. Obtained a large-scale fraud (LoU) or agreement against PNB by obtaining a letter of commitment, and the Executive Board (ED) case related to the money laundering of the aforementioned fraudulent proceeds. In addition, it also faced the “causing evidence to disappear” and witness intimidation or “criminal intimidation”. An additional charge resulted in death”, which was added to the CBI case. India is a second-party country designated by the 2003 Extradition Act, which means that the British cabinet minister has the right to order after all legal matters have been dealt with in court Extradite the requested person.