May 19, 2024

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Nirav Modi’s despair, suicide threat raised in court docket to dam extradition to India

3 min read

Diamantaire Nirav Modi’s defence workforce on Thursday alleged that the Arthur Road jail in Mumbai didn’t have preparations or plans to take care of his psychological well being points, together with threat of suicide, and urged the Westminster Magistrates’ Court to dismiss India’s extradition request.Modi’s lawyer, Claire Montgomery, additionally alleged that Modi wouldn’t obtain a good trial if extradited, and cited reported statements by Indian ministers and two former judges who deposed within the case, Abhay Thipsay and Markandey Katju.Mental well being and threat of suicide have been the primary grounds on which the court docket earlier this week blocked the extradition of WikiLeaks founder Julian Assange to the United States, the place he’s needed to face prices of leaking categorised info.The first day or the two-day listening to on concluding arguments within the Modi case was targeted on problems with psychological well being and honest trial. The difficulty whether or not a prima facie case exists towards him would be the give attention to Friday, with a judgment anticipated in weeks.Helen Malcolm of the Crown Prosecution Service representing India stated the court docket might ask the federal government of India for a contemporary assurance on services for psychological well being therapy in Barrack quantity 12 of the Mumbai jail. According to Montgomery, the court docket was not obliged to ask for such an assurance after a sure time restrict.Malcolm didn’t see equivalence between the Assange and Modi instances, as claimed by Montgomery, because the former reportedly suffers from Asperger’s Syndrome and despair. She additionally denied that there was any plan to maintain Modi in solitary confinement within the Arthur Road jail, as claimed.Besides medical services out there within the jail, Malcolm reminded the court docket that India had submitted particulars of at the least three hospitals close by the place he may very well be handled. He would additionally be capable of search personal therapy of his selection, she added.According to Malcolm, there is no such thing as a distinction between Modi’s case and that of businessman Vijay Mallya; the court docket had beneficial Mallya’s extradition in December 2018. She additionally refuted claims that India’s judiciary isn’t impartial or that Modi wouldn’t obtain a good trial if extradited.Montgomery stated the federal government of India had submitted an “utterly worthless” assurance that Modi would have entry to mandatory medical services. Judge Samuel Goozee heard either side and concluded towards that the federal government of India had “ample opportunities” to reply to considerations beforehand raised by a medical physician who had examined Modi. Modi, 49, who’s lodged within the Wandsworth jail in west London and attended the listening to remotely, carrying a jacket and sporting a beard, is the topic of two extradition requests; one processed by the Central Bureau of Investigation (CBI) and the opposite by the Enforcement Directorate (ED).Charges towards Modi contain PNB’s Mumbai department that prolonged his corporations loans price over Rs 11,300 crore. The CBI case pertains to large-scale fraud upon PNB, by the fraudulent acquiring of Letters of Understanding (LOUs/mortgage agreements) – the ED case pertains to the laundering of the proceeds of that fraud.The second extradition request was made on the idea of two further offences as a part of the CBI case, referring to allegations that Modi interfered with the CBI investigation by “causing disappearance of evidence” and intimidating witnesses (”legal intimidation to trigger loss of life”).

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