#Court #Permits #Nirav #Modi #Appeal #Extradition #India
A High Court judge in London on Monday asked fugitive diamond merchant Nirav Modi to face charges of fraud and money laundering before Indian courts against a magisterial court order in favor of extradition to India on mental health and human rights grounds. Appeal was allowed on Monday.
Judge Martin Chamberlain said the arguments presented by the 50-year-old diamond merchant’s legal team regarding his “severe depression” and “suicide risk” were debatable at the hearing. He said the adequacy of measures capable of preventing “successful suicide attempts” at Arthur Road Jail in Mumbai, where Nirav Modi is to be detained on extradition, also comes under debate.
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Justice Chamberlain said in his order, “At this stage, the question for me is simply whether the appellant’s case is reasonably debatable on these grounds. In my judgment, it is. I will allow appeals on grounds 3 and 4.
Bases three and four relate to Article three of the European Convention on Human Rights (ECHR) or the right to life, liberty and safety, and Section 91 of the UK Criminal Justice Act 2003, which deals with health.
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“I will not restrict the ground on which the argument can be made, although it seems to me that special attention should be given to whether the judge had done wrong in arriving at his conclusion and he Evidence was given of the appellant’s (Nirav Modi) seriousness of depression, the risk of suicide and the adequacy of any measure capable of preventing successful suicide attempts at Arthur Road Jail.
Permission to appeal on all other grounds was denied and the matter will now proceed for a concrete hearing before the High Court in London under grounds three and four. Significantly, Nirav Modi is to be tried in India on charges of money laundering and fraud in connection with the $2 billion scam involving Punjab National Bank (PNB).
(This news has not been edited by NayaTez team. It has been published directly from Syndicate feed.)