Nirav Modi seeks permission to appeal extradition to India in UK top court
London (PTI): Fugitive diamond merchant Nirav Modi has filed an application in the High Court here, seeking permission to appeal against its decision to extradite him to India in the UK Supreme Court.
The 51-year-old businessman lost an appeal on mental health grounds earlier this month, when a two-judge High Court bench ruled that his risk of suicide was not such that it would be either unjust or oppressive to extradite him to India to face charges of fraud and money laundering in the estimated USD 2 billion Punjab National Bank (PNB) loan scam case.
Nirav, who remains behind bars at Wandsworth Prison in London, had two weeks to file an application seeking an appeal on the grounds of a point of law of general public importance, which according to experts is a high threshold that is not met very often.
It is unknown if and when extradition may take place as Nirav Modi still has legal challenges open to him, UK Home Office sources said.
The Crown Prosecution Service (CPS), acting on behalf of the Indian authorities, is now expected to respond to the latest application, following which a High Court judge is to give a ruling on paper without a full hearing.
The entire process may eventually fall into the New Year, given the Christmas holiday period next month.
On November 9, Lord Justice Jeremy Stuart-Smith and Justice Robert Jay who had presided over the appeal at the Royal Courts of Justice in London ruled that they were "far from satisfied that Mr Modi's mental condition and the risk of suicide are such that it would be either unjust or oppressive to extradite him".
Their verdict also found every reason to accept that the government of India (GOI) will treat its assurances on Nirav's medical care at Barrack 12 of Arthur Road Jail in Mumbai with "appropriate seriousness".
"On the basis of the assurances that the GoI has given, we accept that there will be suitable medical provision and an appropriate plan in place for the management and medical care of Mr Modi, which will be provided in the knowledge that he is a suicide risk (i.e. a person who, in the absence of preventative measures, may or will attempt suicide and will or may succeed)," the judgment read.
If his attempt to have his appeal heard in the Supreme Court fails, in principle, Nirav can apply to the European Court of Human Rights (ECHR) to try and block his extradition on the basis that he will not receive a fair trial and that he will be detained in conditions that breach Article 3 of the European Convention on Human Rights, to which the UK is a signatory.
The threshold for an ECHR appeal is also extremely high because he would also have to demonstrate that his arguments on those grounds before the UK courts have been previously rejected.
The dismissal of the High Court appeal earlier this month marked a major win for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman, who has been in prison since his arrest on an extradition warrant in March 2019.
The latest High Court ruling noted three sets of criminal proceedings against the diamantaire in India the CBI case of fraud on the PNB which caused losses equivalent to over 700 million pounds, the ED case relating to the alleged laundering of the proceeds of that fraud and a third set of criminal proceedings involving alleged interference with evidence and witnesses in the CBI proceedings.
Then UK Home Secretary, Priti Patel, had ordered Nirav's extradition based on Judge Sam Goozee's Westminster Magistrates' Court ruling in April 2021 and the case has been undergoing an appeals process since then.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Andhra milk contamination: Death toll rises to 13, seven undergoing treatment
Rajamahendravaram (Andhra Pradesh)(PTI): The death toll in the suspected milk adulteration incident in East Godavari district has risen to 13, while seven persons continue to receive treatment at hospitals in Rajamahendravaram, an official said on Thursday.
Health department officials said the cluster of cases was first noticed on February 22 after several elderly residents were admitted to hospitals with symptoms such as anuria, vomiting, abdominal pain and acute renal dysfunction requiring dialysis.
Residents from Chowdeswaranagar and Swaroopanagar areas of Lalacheruvu reportedly fell ill after consuming milk suspected to be adulterated and supplied in the locality.
ALSO READ: Maha woman rescued in Udupi reunited with family
"The death toll in the suspected milk adulteration case in East Godavari district has reached 13, while seven persons are undergoing treatment at hospitals in Rajamahendravaram," the official said.
Authorities noted that strong epidemiological indicators point towards milk adulteration as the probable cause and multiple departments have initiated coordinated action.
Medical examinations revealed elevated levels of blood urea and serum creatinine among the affected persons, suggesting possible toxic exposure, they said.
Preliminary investigations indicated milk consumption as the main source of exposure. The milk was reportedly supplied to nearly 106 families by Varalakshmi Milk Dairy in Narasapuram village of Korukonda mandal, following which the supply was immediately halted.
Emergency medical camps have been set up in the affected localities with doctors and ambulance services deployed round the clock, officials said.
Rapid Response Teams comprising the district surveillance officer, physicians, microbiologists, paediatricians, forensic experts, epidemiologists and nephrologists were constituted to handle the situation.
Meanwhile, the Food Safety Department inspected the dairy unit linked to the supply and collected samples of milk, paneer, ghee, drinking water and vinegar for surveillance and enforcement.
The samples have been sent to laboratories, including JNTU Kakinada and VIMTA Labs in Hyderabad for microbial, physio-chemical and toxic adulterant analysis.
Blood and urine samples of affected persons have also been forwarded for detailed toxicological examination, officials added.
The suspected milk vendor, Addala Ganeswararao (33), a resident of Narasapuram village, has been taken into custody and the dairy unit associated with the supply has been sealed.
CLUES (Crime scene Linking Understanding Evidence and Science) and forensic teams inspected the premises, while post-mortem samples were sent to the Regional Forensic Laboratory in Vijayawada. Police said an investigation is underway to trace the distribution network and identify affected consumers.
The Animal Husbandry Department also formed a team of four veterinary doctors, collected 41 milk samples along with cattle feed and water samples, and sent them to the Veterinary Biological Research Institute in Vijayawada for analysis.
Meanwhile, the police registered a case under Section 194 of the BNSS and Section 174 of the CrPC.
