In a last-ditch bid to stall his extradition to India, fugitive diamantaire Nirav Modi has moved the UK High Court to reopen his long-running appeal, arguing that fresh developments and the risk of ill-treatment in Indian custody warrant a reconsideration of his case. The two-day hearing on the application concludedon Tuesday, with the court reserving its judgment. Nirav Modi's counsel also described custodial mistreatment in India as “endemic” and flagged the absence of effective monitoring mechanisms. (Mint Print)
Appearing before a two-judge bench, Edward Fitzgerald, representing Nirav Modi, argued that there remains a risk of his client being moved out of Mumbai’s Arthur Road jail and subjected to coercive interrogation. He questioned the reliability of sovereign assurances offered by Indian authorities, saying they cannot be taken at face value. Fitzgerald submitted that such guarantees, including an affidavit by Central Bureau of Investigation (CBI) officer Amit Kadam, may not bind other agencies such as the Income Tax Department, the Serious Fraud Investigation Office, or the Directorate of Revenue Intelligence, all of whom have cases against his client.
He also described custodial mistreatment in India as “endemic” and flagged the absence of effective monitoring mechanisms. Responding to this, Lord Justice Stuart-Smith asked whether any such conduct would amount to a breach of India’s sovereign assurances.
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The Government of India strongly opposed reopening the case, calling the application both delayed and without merit. Representing India, Helen Malcolm said the sovereign assurances were given in good faith and are binding. She accused Modi of making “repeated attempts to find a chink” in the process to avoid extradition and pointed to what she described as his “manipulation” of judicial proceedings, including attempts to destroy evidence and intimidate witnesses. Malcolm also told the court that Modi continues to conceal around $300 million allegedly obtained through fraud.
Indian authorities have assured that Modi will not be interrogated by CBI or Enforcement Directorate, stressing that investigations are complete and charges have been filed. They also cited safeguards including legal access, medical care, and monitored detention. Modi, who has been held in the UK since 2019, appeared via video link from Pentonville prison. The court will now decide whether his application meets the high threshold required to reopen a concluded appeal— a rare outcome. If rejected, Modi’s extradition to India could proceed after years of legal delay.