The Press Trust Of India have submitted their legal response to the application filled by Nirav Modi seeking permission to appeal against his extradition order in the U.K. Supreme Court for diamond merchant’s plea against facing charges in the estimated USD.
The Crown Prosecution Service (CPS), which appears on behalf of the Indian government in the United Kingdom courts had issued a file on Monday as a response to the High Court in London on the occasion of 51-years-old diamond merchant’s plea against being extradited to India to face charges in the estimated $2 billion Punjab National Bank (PNB) loan scam case.
The further appeal was filed by his lawyers last month after he lost his initial High Court appeal on mental health grounds, after a two-judge bench ruled that his risk of suicide is not such that it would be either unjust or oppressive to extradite him from Wandsworth Prison in London to Arthur Road Jail in Mumbai to stand trial on fraud and money laundering charges.
The High Court in London will now make a decision on whether to grant permission to appeal “on the papers”, without a hearing. This process is likely to take some weeks and is not expected to be completed this year.
U.K. Home Office sources have stated, “It is unknown if and when extradition may take place as Mr. Modi still has legal challenges open to him”.
If this attempt to have his appeal is heard in the Supreme Court fails,Nirav Modi can apply to the European Court of Human Rights (ECHR) to try and block his extradition on the basis of not receiving a fair trial and that he will be detained in conditions that breach Article 3 of the European Convention on Human Rights to which the U.K. is a signatory.