London: Fugitive diamond service provider Nirav Modi utilized to reopen his extradition case on the London excessive court docket on Tuesday, claiming he had substantial new proof that he will likely be interrogated and tortured by the investigating authorities if extradited to India. His confidential authorized software, which hitherto had barred his extradition to India, has now “failed”, the court docket was instructed.Edward Fitzgerald KC, representing Nirav (54), mentioned the brand new proof had arisen following the Sanjay Bhandari judgment handed down by the identical court docket on Feb 28, which discovered that Bhandari, accused of tax evasion, shouldn’t be extradited as he could possibly be tortured or mistreated by the Indian police or investigative authorities, each inside and outdoors Tihar jail. The Bhandari judgment claimed the usage of torture in India to acquire confessions “is commonplace and endemic”.Fitzgerald argued there was an actual threat that Nirav can be interrogated by the CBI, ED and different investigative businesses upon his extradition, and that he was at “actual threat of torture”, opposite to Article 3 of the ECHR.This “skilled proof” got here from former Supreme Courtroom choose Deepak Verma and Ayush Agarwal, a lawyer in India who beforehand acted for Nirav.A confidential authorized matter, which started in April 2018 and barred Nirav’s removing to India regardless of his extradition being ordered on April 15, 2021, had concluded in Aug and Nirav’s software “had failed”, the court docket was instructed. This matter has by no means been disclosed, however is extensively believed to be an asylum declare.Inside days Fitzgerald utilized to reopen Nirav’s enchantment towards extradition. Had he not executed so, Nirav would have already been eliminated to India.UK courts might solely reopen choices in distinctive circumstances corresponding to a “supervening occasion”.Fitzgerald argued that in Nirav’s earlier appeals, the main target was on Nirav’s suicide threat and jail circumstances and the difficulty of torture didn’t come up, however the Bhandari judgment and several other new studies, together with one by the US state division, have been “the supervening occasion”.Nirav appeared by way of video hyperlink from a London jail in a khaki T-shirt. He has been in jail since he was arrested on an extradition warrant in March 2019 charged with defrauding Punjab Nationwide Financial institution of over $1 billion.4 males from the CBI and ED flew right here from India for the listening to.Helen Malcolm KC, representing India, mentioned: “On twenty eighth Feb the excessive court docket gave judgment which had a convulsive impact on all extraditions to India, particularly to Tihar jail. Fitzgerald raised this in March after which it went quiet, after which Nirav’s secret software failed, after which instantly we obtained this software. I don’t know what the confidential factor was. However I do know there is just one statutory factor to cease extradition. My concern is we at the moment are already six years down the road. I simply see this happening for the remainder of my profession.”Malcolm supplied new assurances from New Delhi saying Nirav wouldn’t be interrogated by any company on his return to India. However Fitzgerald argued these wanted additional examination by his consultants. The 2 HC judges agreed. Lord Justice Stuart-Smith instructed Malcom: “Your chunky assurances got here very late.” He added: “We’re involved that the supplies now we have been given don’t depart us on a steady footing for deciding this software.”The subsequent listening to is predicted to happen in March.
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