The utility was reportedly made on the idea of ‘new proof’, however Westminster Magistrates’ Court District Judge Samuel Goozee was not satisfied
London: A UK court docket on Monday rejected the newest bail plea of fugitive diamond service provider Nirav Modi, who has been lodged in a London jail since his arrest on an extradition warrant in March final yr.
The utility was reportedly made on the idea of “new evidence”, however Westminster Magistrates’ Court District Judge Samuel Goozee was not satisfied to reverse earlier bail rejections in Modi’s case.
The 49-year-old jeweller, combating extradition to India on costs of fraud and cash laundering within the estimated $2 billion Punjab National Bank (PNB) rip-off case, has made round six earlier makes an attempt at bail on the magistrates’ court docket in addition to on the High Court stage.
However, every of the purposes, which got here with a suggestion of stringent circumstances akin to deal with arrest and a bail bond safety of 4 million kilos, have been rejected every time as he has been deemed to have the monetary means and motivation to abscond.
“The repeated rejection of bail application is a result of excellent coordination among the CBI, the Ministry of External Affairs and Crown Prosecution Service of the United Kingdom,” a senior CBI official mentioned in New Delhi, commenting on Monday’s growth.
At Modi’s final excessive court docket bail listening to in March this yr, Justice Ian Dove had mentioned, “My central concerns of a risk of absconding are not obviated by the measures presented.”
Modi’s authorized workforce had supplied a bundle of measures, which included a 24-hour digital tag in addition to a non-public safety guard service and strictly-monitored entry to devices and telephones. The court docket has additionally repeatedly been informed of Modi’s fragile psychological well being and that his psychological situation was “deteriorating with the ever-increasing detention”.
“He has increasingly suffered from severe depression and the latest assessment shows he is on the threshold of being subject to hospitalisation unless given proper treatment and his fitness to plead may be in doubt here or in the requesting state (India) given a high risk of suicide,” Modi’s barrister, Clare Montgomery, had informed Westminster Magistrates’ Court final month as a part of the defence arguments towards insufficient jail circumstances in India.
Modi is subsequent scheduled to seem through videolink from Wandsworth Prison in south-west London on 3 November, for the listening to in his extradition case when Judge Goozee shall be introduced with arguments to find out the admissibility of the proof supplied by the Indian authorities.
There is not less than one additional ultimate listening to within the case, anticipated both in December or early subsequent yr, for closing submissions by either side. A judgment within the case is predicted solely after the closing submissions.
At a five-day listening to held in September, Justice Goozee presided over arguments for and towards the case for his extradition introduced by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).
The Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, performed movies in court docket in help of extra costs of Modi’s disruption of the CBI’s investigation by inflicting the disappearance of proof and legal intimidation of witnesses.
Assurances of enough jail circumstances had been additionally supplied by the Indian authorities, together with extra commitments of acceptable psychological well being take care of Modi on being extradited.
The defence workforce, led by Montgomery, sought to not solely set up that Modi’s actions associated to PNB-issued letters of enterprise (LoUs) didn’t quantity to fraud but in addition deposed witnesses to spotlight psychological well being issues. The defence has claimed that the circumstances at Barrack 12 in Arthur Road Jail in Mumbai, the place Modi is to be held on being extradited, don’t meet the UK court docket’s human rights standards.
The first set of hearings within the case occurred again in May, with the hearings in September finishing the method to ascertain a prima facie case and decide if the jeweller has a case to reply earlier than the Indian courts.
The case is being heard in a partial distant setting to accommodate coronavirus-related social distancing norms.
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