UK court rejects Nirav Modi’s fresh bail plea due to ‘real, substantial’ flight risk
London (PTI): Fugitive businessman Nirav Modi, who has been in prison in London for over five years, on Tuesday made a new bail application which was rejected by a UK judge who ruled that he continued to pose a “substantial risk" of absconding justice.
The 52-year-old diamond merchant, who lost his extradition battle to face fraud and money laundering charges in India, did not appear for the bail hearing at Westminster Magistrates Court in London but his son and two daughters were present in the gallery.
District Judge John Zani accepted their legal team’s submission that the long passage of time since the last bail application three and a half years ago constituted a change in circumstances to allow the hearing to go ahead.
“However, I am satisfied that there remain substantial grounds against bail. There continues to be a real, substantial risk that the applicant [Nirav Modi] would fail to attend court or interfere with witnesses,” concluded Judge Zani in his judgment after a short hearing.
“This case involves, by any footing, a very substantial fraud allegation... not one where bail can be granted and the application is refused,” he said.
The court heard that while Modi had lost his legal fight against being extradited, there were “confidential” proceedings ongoing which had been instigated by him. This would indicate an asylum application but the only indirect reference made to it in court was when the Crown Prosecution Service (CPS), appearing on behalf of the Indian authorities, dismissed the assertion that the UK Home Secretary may “never be able to order extradition” as incorrect.
“He has demonstrated his complete determination to not face the allegations in an Indian court and it is no exaggeration to say the fraud in question is over USD 1 billion, of which only USD 400 million has been seized. Therefore, he could still have access to significant resources in various jurisdictions,” CPS barrister Nicholas Hearn told the court.
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Nitish likely to resign as Bihar CM after last meeting of cabinet on April 14
Patna (PTI): Bihar inched towards a political transition on Sunday with Chief Minister Nitish Kumar convening a meeting of his cabinet on April 14, following which the JD(U) president is likely to relinquish the post to make way for a BJP-led government.
According to a notification issued by the cabinet secretariat department, the meeting will take place at 11 am, after which the longest-serving CM of the state, who got elected to the Rajya Sabha last week, was expected to submit his resignation to Governor Syed Ata Hasnain.
Earlier, Kumar's close aide and JD(U) national working president Sanjay Kumar Jha had told reporters that the process of formation of a new government was likely to "roll out after April 13".
Meanwhile, the BJP, which has been approaching the prospect of having its first- ever chief minister in the state with considerable restraint, got down to business and named Shivraj Singh Chouhan as a "central observer", who would oversee the change of guard.
A statement issued by the BJP headquarters in Delhi said the parliamentary board has appointed Chouhan, a Union minister and a multiple-term former CM of Madhya Pradesh, as “central observer for electing the leader of legislature party in Bihar”.
Senior JD(U) leader and Minister for Parliamentary Affairs, Vijay Kumar Chaudhary, had said here earlier in the day "the new chief minister will be elected by the NDA, upon the recommendation of the BJP, which has a big role to play".
Speculations are doing the rounds that Deputy Chief Minister Samrat Choudhary, who holds the crucial Home portfolio in the outgoing government, is the frontrunner among contenders for the top job.
BJP leaders in the state, who have been making frantic visits to Delhi in the recent past, are keeping their cards close to the chest.
"Who will be the next CM is a decision to be taken by our central leadership," minister Dilip Jaiswal, who is a former state BJP president, had said a day ago, adding, "I am not at all in the race".
Other than Choudhary, who had joined the BJP less than a decade ago, those whose names are doing the rounds include Union Minister of State for Home Nityanand Rai and state ministers Lakhendra Paswan and Shreyasi Singh.
According to BJP sources, all these leaders fit the bill in different ways. Choudhary is a ‘Koeri’, and his elevation could ensure that the ‘Luv Kush’ (Kurmi Koeri) equation nurtured by Kumar during his 20-year-rule remained intact in favour of the NDA, after the JD(U) supremo's departure.
Rai is a Yadav and brings the promise of support of the largest caste group in Bihar, which has been with Lalu Prasad's RJD, the BJP's principal rival in the state, for decades.
Paswan is a Dalit and his elevation could help the BJP transcend its "pro-upper caste" image, which brings its own disadvantages in the Hindi heartland, where the Mandal agitation of the 1990s has cast a long shadow, the sources said.
Singh, in her 30s, is an upper caste Rajput, but her elevation could be projected as the party giving preference to young blood.
Moreover, the party has also been trying to present itself as a champion of gender equality, by pushing through the ‘Nari Shakti Vandan Adhiniyam’ that ensures 33 per cent reservation to women in both Houses of Parliament.
However, the BJP sources admitted that there was a strong possibility of the central leadership springing a "surprise", citing examples of many states ruled by the party, where less fancied leaders have landed the top job in the recent past.
Actor-turned-politician Shatrughan Sinha, a Trinamool Congress MP who spent nearly three decades in the BJP, had said, while commenting on the political situation in Bihar that "we have plenty of deserving people here but we must be beware of a baba who may arrive with a parchi".
The allusion was to Rajasthan, where Bhajan Lal Sharma was named the chief minister two years ago at a legislature party meeting, where Defence Minister Rajnath Singh was seen on camera taking out a piece of paper with the name of the first-term MLA written on it.
