In a significant development in the ongoing extradition battle, fugitive businessman Nirav Modi has approached the UK High Court seeking permission to reopen his extradition case to India. The plea is based on claims that he faces a “real risk of torture” if extradited.

Hearing at the Royal Courts of Justice

The case was heard at the Royal Courts of Justice in London by a bench comprising:

• Jeremy Stuart-Smith

• Robert Jay

After detailed arguments from both sides, the court reserved its verdict, stating that the matter is of “extreme importance” and that judgment will be delivered soon.

Modi, aged 54, appeared via videolink from HM Prison Pentonville, where he has been lodged during the prolonged extradition proceedings.

Defence Raises Torture Concerns

Representing Modi, senior lawyer Edward Fitzgerald argued that extradition to India could expose his client to inhuman or degrading treatment during interrogation.

Key concerns raised by the defence include:

• Alleged risk of custodial torture by Indian agencies,

• Questions over the adequacy of assurances provided by Indian authorities,

• Possibility of Modi being moved from Arthur Road Jail in Mumbai to Gujarat for further questioning.

The defence claimed that such a transfer could expose him to agencies beyond the scope initially outlined in the extradition framework.

Reference to Sanjay Bhandari Case

To strengthen their argument, Modi’s legal team cited the case of Sanjay Bhandari, who was recently discharged from extradition proceedings in the UK on human rights grounds.

They argued that similar concerns regarding treatment and prison conditions should apply in Modi’s case as well.

UK Prosecution Opposes Plea

The UK prosecution, representing the Indian government, strongly opposed the application. Barrister Helen Malcolm argued that:

• The application was filed too late,

• It is based on a “false premise”,

• India has already provided strong and credible assurances regarding Modi’s safety.

The prosecution further emphasised that given the high-profile nature of the case, any violation of assurances would have serious implications for future India-UK extradition cooperation.

Background: Punjab National Bank Scam

Nirav Modi is a key accused in the Punjab National Bank scam, estimated at around USD 2 billion.

He faces multiple charges in India, including:

• Fraud investigated by the Central Bureau of Investigation,

• Money laundering charges by the Enforcement Directorate,

• Allegations of tampering with evidence and influencing witnesses.

Earlier Extradition Approval

In 2021, the then UK Home Secretary Priti Patel approved Modi’s extradition after UK courts found a prima facie case against him.

Since then:

• Multiple appeals and bail pleas have been rejected,

• Modi has remained in custody in the UK,

• Legal proceedings have continued through various judicial stages.

What Happens Next?

The current plea represents another critical juncture in the long-running case. If the UK High Court rejects the request to reopen the appeal, Modi’s extradition to India is expected to proceed.

Upon extradition, he is likely to be held at Arthur Road Jail in Mumbai before facing trial for the charges linked to the PNB scam.

Conclusion

The move by Nirav Modi to reopen his extradition case adds a new layer of complexity to an already prolonged legal battle. With the UK High Court reserving its verdict, the outcome will have far-reaching implications not only for Modi but also for India-UK legal cooperation in extradition matters.

As the case awaits judgment, it remains a closely watched development in international legal and financial circles.

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