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Nirav Modi will not get honest trial in India, former SC choose Markandey Katju tells UK court docket – India News , Firstpost

Katju additionally repeatedly made comparisons between India and Germany beneath the Nazi regime, saying Nirav Modi has been made a handy scapegoat for India’s financial disaster

File picture of former Supreme Court choose Markandey Katju. PTI

London: Retired Supreme Court choose Markandey Katju was challenged as a self-publicist on behalf of the Indian authorities on Friday as he gave proof within the extradition case of fugitive diamond service provider Nirav Modi by way of a stay videolink from India at Westminster Magistrates’ Court in London.

On the ultimate day of a five-day listening to, Justice Samuel Goozee heard Katju’s detailed proof earlier than adjourning the case till 3 November, when he’ll hear arguments on the admissibility of the proof supplied by the Indian authorities on the fees of fraud and cash laundering in opposition to the diamond service provider within the USD 2-billion Punjab National Bank (PNB) rip-off case.

The UK’s Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, sought to counter Katju’s written and oral claims that Modi wouldn’t obtain a good trial in India as a result of a majority of the judiciary was corrupt and the investigating companies subservient to the federal government.

Is it not less than attainable, you’re one thing of a self-publicist who will make any outrageous statements for the aim of courting the press, questioned barrister Helen Malcolm, to which Katju replied you’re entitled to your opinion.

Malcolm additionally queried his determination to provide media interviews in India earlier this week associated to the proof he was to provide earlier than the UK court docket in a sub judice matter, to which the previous Supreme Court choose stated that he merely responded to reporters’ questions and that it was his obligation to talk out on issues of nationwide significance.

During what turned a fairly a fiery trade in court docket at occasions, a few of his previous controversial statements had been additionally learn out in court docket, in reference to homosexual relationships being unnatural and girls who stay single being vulnerable to psychological issues.

Katju countered by stating that he was entitled to his opinion and that he had quoted from Irish playwright George Bernard Shaw’s Man and Superman, which Malcolm as a Britisher ought to have learn.

The former choose had been deposed by Modi’s defence workforce with a purpose to substantiate their claims that the jeweller faces an unfair and biased trial if extradited to India.

Katju additionally repeatedly made comparisons between India and Germany beneath the Nazi regime, saying Modi has been made a handy scapegoat akin to the Jews in Nazi Germany with a purpose to be blamed for the financial disaster within the nation.

Asked by the if the diamantaire’s personal alleged dishonest actions may very well be guilty, he stated: I’m not making any statements on the deserves of this case. I’m merely saying that he can not get a good trial all ministers and media have pronounced him responsible.

His assertion that post-retirement appointments had been among the many inducements which led to corruption amongst judges introduced his personal appointment because the chairman of the Press Council of India following his retirement into focus, which he pressured was not a authorities appointment.

So, the three-member appointment committee composed of the Speaker of the Lower House, Chairman of the Upper House (Vice-President of India) and a Press Council member are utterly apolitical and nothing to do with the federal government, queried Malcolm.

The listening to on Thursday concluded the majority of the oral proof within the extradition case, which was noticed by Modi by way of videolink from a room in Wandsworth Prison in London the place he has been lodged since his arrest in March final yr.

The first set of hearings within the case happened in May, with the hearings this week slotted to finish arguments to determine the 49-year-old jeweller has a case to reply earlier than the Indian courts.

The defence workforce, led by barrister Clare Montgomery, has sought to not solely set up that Modi’s actions associated to PNB-issued Letters of Undertaking (LoUs) didn’t quantity to fraud but in addition deposed witnesses to spotlight his fragile psychological well being situation and a excessive danger of suicide.

They have additionally claimed that the circumstances at Barrack 12 in Arthur Road Jail in Mumbai, the place he’s to be lodged on being extradited, don’t meet the court docket’s human rights standards.

The has set out the Central Bureau of Investigation’s (CBI) case of fraud and the Enforcement Directorate’s (ED) case of the laundering of these fraudulently acquired funds.

It has additionally performed movies within the court docket in help of extra prices of disrupting the CBI’s investigation by inflicting the disappearance of proof and prison intimidation of witnesses.

Assurances of satisfactory jail circumstances have been supplied by the Indian authorities, which had been additional added to this week with an assurance of applicable psychological well being take care of Modi on being extradited.

A listening to for closing submissions within the case is at the moment slated for 1 December however that date is prone to be delayed, with a ruling within the case not anticipated earlier than the top of this yr or early subsequent yr.

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