UK court greenlights extradition of diamantaire for alleged participation in PNB fraud case
The Westminster Magistrates Court, presided by Judge Sam Goozée, ruled Thursday in favor of Nirav Modi’s extradition to India for adjudication of his involvement in the Punjab National Bank (PNB) fraud case.
In 2018, billionaire jeweler and designer Nirav Modi was
allegedly connected with defrauding India’s second-largest state-run bank of
$1.8 billion. The fraud was undertaken by issuance of evergreen loans through
using fake Letters of Undertakings in favour of Indian bank branches for
importing pearls for a one-year period.
During the proceedings of extradition, Nirav Modi’s defense
counsel purported that the Indian judiciary is politicized and not independent.
In addition to this, Justice Markande Katju – former judge of the Supreme Court
of India – gave his expert opinion, which centered primarily on the facet that
the highest echelons of judiciary have now come under significant political and
executive influence.
The defendant also relied on testimony given by Justice Abhay Thipsay, former judge
of the Bombay High Court, regarding the non-applicability of the offence of
cheating against Nirav Modi. However, he refused to adduce additional evidence
on being subjected to strong criticism by the government. Furthermore, the evidence adduced by Justice Markande
Katju was found to be tinged with resentment towards former senior judicial
colleague. In addition to this act of engaging with media, the day before
giving the evidence was also found to be questionable.
The court found no cogent and reliable evidence that the
Indian Judiciary is no longer independent or capable of managing a fair trial
in high-profile fraud cases with significant media interest. It held that the
independence of the Indian judiciary, as enshrined in the Constitution of
India, remains intact. On account of the aforementioned observations, the court
ruled in favor of the extradition while granting Nirav Modi his right to appeal
to the High Court.
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