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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Sambhal violence: Prohibitory orders issued, outsiders barred from entry till Nov 30
Sambhal (UP) (PTI): The district administration has imposed prohibitory orders and barred the entry of outsiders till November 30 after three men were killed and scores of others, including security and administration personnel, injured in a violence by protesters opposing a court-ordered survey of a Mughal-era mosque.
The order has been issued under provisions of the Bharatiya Nyaya Sanhita (BNS), said District Magistrate Rajender Pensiya late on Sunday.
"No outsiders, other social organisations or public representatives will enter the district border without the permission of the competent officer," said the order, which came into force with immediate effect.
Violation of the order will be punishable under Section 223 (disobedience to order duly promulgated by public servant) of the BNS.
Violence broke out in the district on Sunday as protesters opposing the survey of the Jama Masjid clashed with security personnel. The protesters torched vehicles and pelted the police with stones while the security personnel used tear gas and batons to disperse the mob.
Divisional Commissioner (Moradabad) Aunjaneya Kumar Singh said on Sunday, "Shots were fired by miscreants... the PRO of the superintendent of police suffered a gunshot to the leg, the circle officer was hit by pellets and 15 to 20 security personnel were injured in the violence."
A constable also suffered a serious head injury while the deputy collector fractured his leg.
"Three people, identified as Naeem, Bilal and Nauman, have been killed," Singh said.
Twenty-one people, including two women, have been detained and a probe has been launched, the official had said, adding that those accused in the violence would be booked under the stringent National Security Act (NSA).
District Magistrate Rajender Pensiya said, "The casualty count stands at three. The reason for the deaths of two is clear -- bullet wounds from countrymade pistols. The reason for the death of the third person is not clear but it will be after post-mortem."
Internet services were soon suspended in Sambhal tehsil for 24 hours and the district administration declared a holiday in all schools for Monday.
Tension had been brewing in Sambhal since November 19 when the Jama Masjid was first surveyed on the court's orders following a petition claiming that a Harihar temple had stood at the site.
Trouble started early on Sunday when a large group of people gathered near the mosque and started shouting slogans as the survey team began its work.
District officials said the survey could not be completed on Tuesday and was planned for Sunday to avoid interference with afternoon prayers.
Supreme Court lawyer Vishnu Shankar Jain, who is a petitioner in the case, had earlier said the Court of Civil Judge (Senior Division) ordered the constitution of an "advocate commission" to survey the mosque.
The court has said a report should be filed after conducting a videography and photography survey through the commission, he had said.
On Sunday, Jain urged the Archaeological Survey of India to take control of the "temple".
Gopal Sharma, a local lawyer for the Hindu side, had earlier claimed the temple that once stood at the site was demolished by Mughal Emperor Babur in 1529.
