PNB seeks court to restore assets from Nirav Modi companies owned by ED were confiscated

The sought-after diamond dealer Nirav Modi renewed its appeal in the London High Court on Tuesday against extradition to India on charges of fraud and money laundering in the case of the National Bank of China. Punjab (GNP) is valued at $ 2 billion. Jeweller, who is behind bars in Wandsworth Prison in south-west London, lost the first stage of the appeal in the High Court last week when a judge refused to appeal “on the papers”. Modi’s lawyers had five days to file an extension request to request an oral hearing to seek permission to appeal the April 16 extradition ordered by UK Home Secretary Priti Patel. UK Government approved the extradition of Nirav Modi to India. “An extension hearing is scheduled for July 21, 2021,” a judicial officer confirmed on Tuesday. At next month’s brief hearing, a High Court judge will decide whether there are grounds to appeal the Home Secretary’s or Westminster Magistrates Court’s decision. The February ruling in favour of Modi’s extradition to India in this case should be subject to a full hearing.
The Crown Prosecution Service (CPS), appearing in court on behalf of the Indian authorities, has previously stated that it is awaiting the next steps in the proceedings. “If they are allowed to appeal, we would challenge any appeal process on behalf of the Government of India [Government of India],” the CPS said last month.
Modi has now been in prison since his arrest more than two years ago on March 19, 2019, and his repeated attempts at release have been denied as a risk of escape. In his February ruling, District Judge Sam Goozee concluded that the diamond dealer had a case to answer in Indian courts and that he was not subject to extradition bans under UK law as evidence that Nirav Modi was involved in the conspiracy to defraud the PNB could be convicted.
“A prima facie case has been established,” he said regarding all charges by the Central Bureau of Investigations (CBI) and the Directorate of Enforcement (ED), including money laundering, witness intimidation and disappearance of evidence.
The court had also accepted that Modi’s mental health had deteriorated due to the prolonged incarceration in a London prison made worse by the Covid19 pandemic, but that his suicidal risk had not reached the high threshold to conclude that it was “unfair or depressing” would be to extradite him.

Under the guarantees given by the Indian authorities in court, Modi is being held in Barrack 12 Arthur Road Prison in Mumbai and will receive the necessary medical care if extradited for trial in India.

Modi is the subject of two criminal proceedings, the CBI case involving large-scale fraud against PNB through fraudulent procurement of letters of commitment (LoU) or loan agreements, and the ED case relating to money laundering assets from this fraud.
He is also facing two other “Evidence Disappearance” and Witness intimidation or “criminal intimidation to death” charges that have been added to the CBI case.
“I do not accept claims that NDM [Nirav Deepak Modi] was involved in legitimate business and that the LoU was legitimately used,” the district court ruling addressed to the Minister of the Interior reads.
India is a Party 2 Designated Country under the Extradition Act 2003, which means that the Cabinet Ministers has the power to order the extradition of a wanted person after weighing all issues.
The interior minister’s decision rarely contradicts the court’s conclusions, as she only has to consider very narrow extradition barriers, which do not apply in Modi’s case. The case will now move to the next stage of the Superior Court’s appeal process, with Modi’s attorneys poised to argue against the extradition order for a full appeal hearing.

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