Testimonies of Two Psychiatric Experts Were Crucial in Clinching Case: CBI on Nirav Modi Extradition

Testimonies by two psychiatric experts during final hearings in the Nirav Modi extradition matter before the High Court of Justice in London were crucial in debunking his poor psychological state argument and clinching the case for India, officials said.

Nirav Modi is wanted for Rs 6,805 crore fraud in Punjab National Bank. The fugitive diamond merchant on Wednesday lost his appeal against extradition to India on mental health grounds as the High Court ruled that his risk of suicide is not such that it would be either unjust or oppressive to extradite him to face charges of fraud and money laundering.

During the final hearing, the experts – Professor Andrew Forrester of Cardiff University and Professor Seena Fazel of the University of Oxford – gave evidence before the High Court which dismissed the appeal filed by Nirav Modi, the officials said.

Lord Justice Jeremy Stuart-Smith and Justice Robert Jay, who presided over the appeal hearing at the Royal Courts of Justice earlier this year, said in their verdict that District Judge Sam Goozee’s Westminster Magistrates’ Court order from last year in favour of extradition was sound.

Based on expert witness testimony, the verdict concludes that Nirav Modi has so far displayed no features of psychotic illness and although he has exhibited persistent suicidal ideation, he has neither attempted suicide or deliberate self-harm nor disclosed plans to do so, except in the “most vague and general way”, the court said.

“It is common ground that his recurrent depressive disorder is likely to deteriorate in the event of extradition,” the ruling concedes. However, it also acknowledges the safety measures assured at Barrack 12 of Arthur Road Jail in Mumbai, where he is to be lodged after being extradited, which will ensure that there is effective constant monitoring to reduce the risk of attempted suicide.

“Today’s judgement of the UK High Court is a significant achievement in the context of CBI’s efforts to curb corruption and is a reminder that fugitives, who have eluded the process of law after commission of large value frauds, cannot consider themselves above the process merely because they have changed jurisdictions,” the CBI said in a statement.

The agency said it took painstaking efforts in effectively presenting the facts before the court, especially since Nirav Modi had raised various issues with regard to prison conditions, and the availability of health facilities in India among other arguments.

It acknowledged continuous efforts made by the counsel of the Crown Prosecution Service in forcefully presenting the Government of India’s case.   It also lauded the efforts of various government agencies, especially officers of the High Commission of India, London, Ministry of Home Affairs and Ministry of External Affairs in coordinating the extradition trial, timely submission of evidence and assurances, and prompt follow-up of the case at all stages.

The Magistrates’ court on February 25, 2021 had held that there was no bar on the extradition of Nirav Modi to India.  The High Court had permitted him to appeal on the grounds that his extradition would be incompatible with his convention rights under Article 3 of the European Convention on Human Rights; and it would be unjust or oppressive within the meaning of Section 91 of the UK Extradition Act 2003 to extradite him by virtue of his physical and mental condition.

“All other grounds of appeal were rejected,” the CBI said in a statement.

During the appeal hearing before the High Court of Justice, India filed several assurances and written submissions, besides the oral arguments made by the Senior Counsel of Crown Prosecution Service on its behalf, it said.

The High Court had heard the appeal on December 14, 2021 and June 28, 2022 and the final hearing was held on 11th and 12th October 2022.  The CBI had filed two extradition requests including the one for the offences of intimidating the witnesses and destruction of evidence before the United Kingdom government.  “The extradition proceedings against Nirav Modi were initiated before the Westminster Magistrate Court in London.  In extradition requests, CBI submitted voluminous oral and documentary evidence to substantiate the charges of criminal conspiracy, cheating, criminal breach of trust, criminal misconduct by public servants, destruction of evidence and criminal intimidation of evidence,” the spokesperson said.

He said the hearing of the first extradition request was held in Westminster Magistrates’ Court, London in May 2020 and that of the second extradition request in September 2020.  Nirav Modi had escaped from India on January 1, 2018 days before the scam surfaced.

A non-bailable arrest warrant was issued by the trial court against Modi on May 23, 2018 and a red notice was also issued against him on June 29, 2018 by Interpol.

Weeks after Nirav Modi had scooted away, the CBI had registered the case on January 31, 2018 against the partner of three private firms and others including then officials of the PNB on a complaint.   The bank had alleged that the accused had hatched a criminal conspiracy amongst themselves to defraud the Punjab National Bank to the tune of Rs 6,498 crore (approx) through fraudulent issuance of Letters of Undertaking not entered in the Bank’s software to avoid scrutiny. The amount was found to be Rs 6805 crore during the probe.  Investigation showed that the accused officials of the Punjab National Bank, in conspiracy with said owners of the firms and others, had fraudulently issued a large number of LoUs to overseas banks for obtaining buyer’s credit in favour of said three firms without any sanctioned limit or cash margin and without making entries in the CBS system of the bank.

The first charge sheet was filed on May 14, 2018 against 25 accused including Nirav Modi. The second charge sheet was filed on December 20, 2019 against 30 accused people including the 25 charge-sheeted earlier in respect of 150 outstanding fraudulent LoUs.

It was also alleged that Nirav Modi in conspiracy with other accused had siphoned off the funds obtained as buyer’s credit through dummy companies established by him in Dubai and Hong Kong which were shown as exporters of Pearls to three Nirav Modi firms and importers of Pearl studded jewellery from his firms.

A non-bailable arrest warrant was issued by the trial court against him followed by a red corner notice in June 2018 by Interpol.

The first extradition request was sent by the CBI to the United Kingdom for the extradition in August 2018 for defrauding Punjab National Bank.

He was arrested by the UK Police in London in March 2019 and his repeated applications for bail were rejected by the Westminster Magistrates’ Court and High Court, London.

After the second charge sheet was filed, additional evidence was submitted to the Court in London for the total fraud amount of Rs. 6805 crore (approx.).

In addition, the second extradition request for the offences of intimidating the witnesses and destruction of evidence was also submitted to the UK government.

The video of a barrack of Arthur Road Prison, Mumbai, was submitted by India and was also played in the court.

The hearing on the admissibility of the evidence was held on November 3, 2020 and the final submissions by both sides were made before the court in January 2021.

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