Deepali Kalia-
Published on: August 09, 2021, at 18:56 IST
On August 9, the United Kingdom High Court gave permission to Nirav Modi, the fugitive diamantaire to appeal against his extradition to India on mental health and human rights grounds.
Justice Martin Chamberlain, the High Court Judge delivered his verdict remotely in order to comply with COVID-19 rules and ruled that the arguments which were presented by Nirav’s legal team with regard to his depression and suicidal feelings were reasonably arguable at a substantial hearing.
Justice Chamberlain stated in his ruling, “At this stage, the question for me is simply whether the appellant’s case on these grounds is reasonably arguable. In my judgment, it is. I will grant permission to appeal on Grounds 3 and 4.”
Grounds 3 and 4 have to do with Article 3 of the European Convention of Human Rights (ECHR), or the right to life, liberty and security and Section 91 of the UK’s Criminal Justice Act 2003 which relates to fitness to plead.
The ruling further noted,
“I will not restrict the basis on which those grounds can be argued, though it seems to me that there should be a particular focus on whether the judge was wrong to reach the conclusion he did, given the evidence as to the severity of the appellant’s [Nirav Modi’s] depression, the high risk of suicide and the adequacy of any measures capable of preventing successful suicide attempts in Arthur Road prison.”
In February, Judge Samuel Goozee residing over the Westminster Magistrate’s Court in London had ordered Modi’s extradition.
Last Month, Modi’s lawyer had pleaded against his extradition from the UK contending that Nirav Modi’s mental health would be seriously impacted if that were to happen.
However, England’s Crown Prosecution Service which represented the Indian Government in the matter dismissed the concerns voiced by Modi’s lawyer and asked that the Judge throw out the appeal.
Judge Samuel Goozee had observed, “It was not out of the ordinary for someone in Nirav’s position to suffer from depression and suicidal feelings, therefore, it is not sufficient ground to bar the extradition.”
Since his arrest in March 2019, Modi has been lodged in Wandsworth Prison in London.
Also Read: Nirav Modi, PNB Scam Chronology and Extradition Treaty