PNB scam case: London court ruled that fugitive diamond merchant Nirav Modi could be extradited to India
In connection with the $2 billion PNB scam scenario, the diamond dealer is wanted.
What’s likely to happen now-
There is still some way to go before Nirav can be formally moved from Wandsworth Prison in London to jail in India and face trial, as witnessed in the extradition case of former Kingfisher Airlines chief Vijay Mallya.
British home secretary Priti Patel will now have to sign off on the matter after the court ruling.
Nirav Modi will have 14 days to challenge the order in the UK high court once Patel makes her ruling known.
If an appeal is granted, the Administrative Division of the High Court in London will hear it.
In the Supreme Court, he may still contest the order, but only if the high court certifies that the appeal concerns a point of law of general public significance.
Patel is likely to clear up the extradition, as the order of the UK home secretary rarely goes against the conclusions of the court.
Nirav Modi would be held at Barrack No 12 at the Arthur Road jail in Mumbai if he were extradited.
Act of Extradition 2003
India is a designated Part 2 nation by virtue of the Extradition Act 2003, meaning it is the UK cabinet minister who has the power to order the extradition of a requested person after considering a range of additional issues.
The United Kingdom Secretary of State must, according to the terms of the Act, recognize the potential imposition of the death penalty, in which case extradition cannot be requested.
A specialty rule which prevents a person from being handled in the requesting State for matters other than those referred to in the request for extradition; and whether or not the person was in the United Kingdom after extradition from another State, in which case permission must be obtained from that State prior to extradition to a third State.
If the above-mentioned scenarios do not prohibit extradition, it must be requested by the United Kingdom Minister within two months of the day on which the district judge referred his decision to the Secretary of State of the United Kingdom, in this case by the end of April.
Meanwhile, the legal team of Nirav Modi did not confirm immediately whether he plans to appeal in the high court against Thursday’s decision and he will stay behind bars in Wandsworth Prison on judicial remand until the next point in the legal process.
The government, reacting to the decision, said it would liaise with the UK authorities for the early extradition of Nirav Modi.
(With suggestions from agencies)