PNB scam case: UK court rejects Nirav Modi's latest bail attempt
London: A UK court on Monday rejected the latest bail plea of fugitive diamond merchant Nirav Modi, who has been lodged in a London prison since his arrest on an extradition warrant in March last year.
The application was reportedly made on the basis of "new evidence", but Westminster Magistrates' Court District Judge Samuel Goozee was not convinced to reverse previous bail rejections in Modi's case.
The 49-year-old jeweler, fighting extradition to India on charges of fraud and money laundering in the estimated USD 2-billion Punjab National Bank (PNB) scam case, has made around six previous attempts at bail at the magistrates' court as well as at the High Court level.
However, each of the applications, which came with an offer of stringent conditions akin to house arrest and a bail bond security of 4 million pounds, has been rejected each time as he has been deemed to have the financial 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 said in New Delhi, commenting on Monday's development.
At Modi's last High Court bail hearing in March this year, Justice Ian Dove had said, "My central concern of a risk of absconding is not obviated by the measures presented."
Modi's legal team had offered a package of measures, which included a 24-hour electronic tag as well as a private security guard service and strictly-monitored access to gadgets and telephones. The court has also repeatedly been told of Modi's fragile mental health and that his psychological condition 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 hospitalization 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 told Westminster Magistrates' Court last month as part of the defense arguments against inadequate prison conditions in India.
Modi is next scheduled to appear via videolink from Wandsworth Prison in south-west London on November 3, for the hearing in his extradition case when Judge Goozee will be presented with arguments to determine the admissibility of the evidence provided by the Indian authorities.
There is at least one further final hearing in the case, expected either in December or early next year, for closing submissions by both sides. A judgment in the case is expected only after the closing submissions.
At a five-day hearing held in September, Justice Goozee presided over arguments for and against the case for his extradition brought by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED).
The Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, played videos in court in support of additional charges of Modi's disruption of the CBI's investigation by causing the disappearance of evidence and criminal intimidation of witnesses.
Assurances of adequate prison conditions were also provided by the Indian government, including additional commitments of appropriate mental health care for Modi on being extradited.
The defense team, led by Montgomery, sought to not only establish that Modi's actions related to PNB-issued letters of undertaking (LoUs) did not amount to fraud but also deposed witnesses to highlight mental health concerns. The defense has claimed that the conditions at Barrack 12 in Arthur Road Jail in Mumbai, where Modi is to be held on being extradited, do not meet the UK court's human rights criteria.
The first set of hearings in the case took place back in May, with the hearings in September completing the process to establish a prima facie case and determine if the jeweler has a case to answer before the Indian courts.
The case is being heard in a partial remote setting to accommodate coronavirus-related social distancing norms.
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Mumbai-Pune Expressway ‘missing link’ to open on May 1; will improve travel safety: Shinde
Mumbai (PTI): Maharashtra Deputy Chief Minister Eknath Shinde on Sunday said the long-awaited ‘missing link’ on the Mumbai-Pune Expressway, aimed at bypassing the winding Bhor Ghat section and improving safety, will be inaugurated on May 1.
Shinde, who inspected the project site, said the new stretch will make the expressway fully access-controlled, easing congestion in the hilly section.
Chief Minister Devendra Fadnavis is likely to inaugurate the 13.3-km-long missing link, which connects Khopoli on the Mumbai side to Kusgaon near Lonavala, on Maharashtra Day, which is celebrated on May 1, he said.
The deputy CM said that 99 per cent of the project work has been completed. “I personally inspected the quality of work and found it satisfactory. The remaining minor works will be completed in the next few days,” Shinde said.
Shinde said the new alignment will bypass sharp curves and accident-prone stretches in the ghat section, helping reduce delays and improve commuter safety. He claimed accidents in the section would reduce substantially once the project becomes operational.
“The missing link project will make travel between Mumbai and Pune quicker, safer and more convenient, and will contribute significantly to the state’s development,” he said.
The Rs 6,700-crore project, developed by the Maharashtra State Road Development Corporation (MSRDC), includes two tunnels, high viaducts and a cable-stayed bridge over Tiger Valley.
The missing link will reduce the travel distance between Mumbai and Pune by approximately 6 km and shorten the journey time by 20 to 30 minutes, said officials.
Initially, only light motor vehicles and buses will be permitted on the new stretch to reduce congestion on the existing ghat section, officials said, adding that heavy goods vehicles will be prohibited due to safety concerns.
“There will be no toll hike because of the missing link project. No increase has been proposed at the Khalapur toll plaza either,” Shinde said.
The project comprises two eight-lane tunnels of 1.75 km and 8.92 km in length and two viaducts measuring 850 metres and 650 metres, said officials. It has been designed to bypass the old Khandala ghat section, a winding route that has long slowed down traffic and posed safety risks, said officials.
The 650-metre viaduct will feature what officials described as India’s tallest road cable-stayed bridge, with pylons rising to 182 metres, taller than those on the Bandra-Worli Sea Link.
Officials claimed that the tunnels have a width of 23.75 metres and are among the widest road tunnels in the world. An MSRDC official said the tunnel is likely to be included in the Guinness Book of Records.
The route runs beneath the Lonavala lake area and was executed in difficult terrain marked by heavy rainfall and strong winds, officials said.
Shinde said projects such as the missing link would boost access to tourist destinations such as Lohagad Fort, Visapur Fort and Karla Caves.
MP Shrirang Barne, former corporator Abasaheb Bagul, MSRDC Managing Director Anilkumar Gaikwad and senior engineers from executing agencies were present during the inspection, officials said.
Krishnamurthy Subramanian, executive chairman of construction and engineering company Afcons International Private Limited, said the journey to completion of “India’s highest road cable-stayed bridge” was challenging.
“The bridge, located in the Sahyadri region, presented extreme challenges, including narrow ridges that left little room for heavy machinery, sudden wind speeds reaching up to 100 kmph, and dense fog reducing visibility to a few metres. Despite these conditions, we are proud to deliver this engineering marvel,” he said.
The expressway, spanning approximately 95 km, holds the distinction of being India's first access-controlled highway.
