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Nirav Modi News: Nirav Modi makes final appeal against extradition in UK court, says he is suicidal and will not get a fair trial in India | World news


LONDON: Nirav Modi made a final attempt on Wednesday to appeal extradition to India during a Supreme Court hearing.
Justice Chamberlain will decide in the coming weeks whether Nirav will be allowed to appeal his extradition. If he refuses the consent, Nirav must be extradited to India within 28 days of his order, unless he is given an emergency order, known as provisional measures under Article 39, of the European Court of Human Rights in Strasbourg, France. Preliminary measures are usually taken within 48 hours.
Nirav, 50, who is accused of causing losses to Punjab National Bank of more than $1 billion, money laundering, destruction of evidence and intimidation of witnesses, appeared via video link from Wandsworth Prison. He was represented by Edward Fitzgerald QC, nicknamed the “Rolls-Royce of lawyers”, who successfully defended Jabir Motiwala, Julian Assange and Lauri Love.
Fitzgerald told the court that Nirav was so mentally unwell that he would qualify to be “segmented” under UK mental health law, and that he had a long history of depression and suicidal ideation, which ran in the family when his mother had jumped down the stairs. balcony when he was eight.
Fitzgerald claimed that District Judge Sam GoozĂ©e in the lower court, when he sent Nirav’s case to the Secretary of the Interior, had been wrong to dismiss his depression as “far from unusual” and the risk of suicide as not “immediate”. Fitzgerald said Nirav had considered committing suicide with razors “to avoid being killed”.
Indian government representative Helen Malcom QC said it was not oppressive to extradite “anyone who is depressed and has contemplated suicide”.
But Fitzgerald claimed it would be daunting to extradite Nirav if he became unfit to plead in the future. Fitzgerald also argued that it was “perverse” for the judge to say that a video of Barak 12 in Arthur Road Jail showed better conditions than Wandsworth Prison, saying the prison was overcrowded and contaminated with Covid, and that it “Health care system in India on the brink of collapse”.
Fitzgerald claimed Nirav would be denied a fair trial in India because there was an “increasing politicization of Indian judges” and there had been repeated public accusations “pre-empting Nirav’s guilt” by Indian ministers including Ravi Shankar Prasad and Nirmala Sitharaman, and as “gratuitous pre-trial convictions” by judges including Judge Manmohan Singh.
He cited Amnesty International’s “assets freeze” and the UN Working Group on the Arbitrary Detention Sentence for the “ill-treatment” of Christian Michel as examples of “undermining the rule of law” in India. But Malcolm said India had a proud independent legal tradition and that an extradition case had never been denied because of India’s denial of a fair trial.



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