hear the news
The London High Court will hear two psychiatrists on differing opinions on the level of risk of suicide attempt if fugitive diamantaire Nirav Modi is extradited to India. The two-judge committee gave this arrangement during the hearing in the appeal already issued on Tuesday.
Judges Jeremy Stuart-Smith and Robert Jay said possibly some three days in October will be set aside for a crucial hearing to focus on changes in the state of evidence in the extradition case involving the 51-year-old diamond merchant.
Appeal was filed on the basis of mental health
Nirav Modi, wanted in India in connection with the Punjab National Bank loan scam involving nearly $2 billion in money laundering and fraud charges, had last year filed an appeal against an extradition order by a lower court here on grounds of mental health.
Differences between psychiatrists over noiseless
The court said there is a difference of opinion between the two psychiatrists who gave expert opinion on Nirav Modi’s mental health. The court directed the lawyers of both the sides to hold a meeting between the experts to prepare a memorandum on the matters which they can agree on.
Helen Malcolm QC for the Crown Prosecution Service, on behalf of the Indian authorities, advocated for a limit on any additional material the defense could produce in the case.
Edward Fitzgerald QC, appearing for Nirav, claimed that District Judge Sam Goozy had based his trial in order to extradite his client in February last year.
The next three-day hearing later this year is likely to take up some other issues including the relevance of private health care facilities at Barrack 12 in Mumbai’s Arthur Road Jail and assurances from the Indian government. There is talk of keeping Nirav Modi in this barracks before the hearing after extradition.
If Nirav’s appeal is accepted then…,
If Nirav Modi’s appeal is accepted in the High Court, he cannot be extradited unless the Government of India is successful in getting permission to appeal to the Supreme Court on a point of law of public importance.
According to officials close to the case, the Indian government has given assurances about the circumstances in which Nirav will be detained if he surrenders in India and the facilities to look after his “physical and mental health”.
During the hearing of the December appeal, Edward Fitzgerald QC, appearing for Nirav, argued, “He is already suspected of attempting suicide and his condition may worsen in Mumbai.”