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.
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Israel launches first airstrike on Lebanon since ceasefire, accusing Hezbollah of breaching truce
Beirut, Nov 28: The Israeli military on Thursday said its warplanes fired on southern Lebanon after detecting Hezbollah activity at a rocket storage facility, the first Israeli airstrike a day after a ceasefire between Israel and Hezbollah took hold.
There was no immediate word on casualties from Israel's aerial attack, which came hours after the Israeli military said it fired on people trying to return to certain areas in southern Lebanon. Israel said they were violating the ceasefire agreement, without providing details. Lebanon's state-run National News Agency said two people were wounded.
The back-to-back incidents stirred unease about the agreement, brokered by the United States and France, which includes an initial two-month ceasefire in which Hezbollah members are to withdraw north of the Litani River and Israeli forces are to return to their side of the border. The buffer zone would be patrolled by Lebanese troops and UN peacekeepers.
On Thursday, the second day of a ceasefire after more than a year of bloody conflict between Israel and Hezbollah, Lebanon's state news agency reported that Israeli fire targeted civilians in Markaba, close to the border, without providing further details. Israel said it fired artillery in three other locations near the border. There were no immediate reports of casualties.
An Associated Press reporter in northern Israel near the border heard Israeli drones buzzing overhead and the sound of artillery strikes from the Lebanese side.
The Israeli military said in a statement that “several suspects were identified arriving with vehicles to a number of areas in southern Lebanon, breaching the conditions of the ceasefire.” It said troops “opened fire toward them” and would “actively enforce violations of the ceasefire agreement.”
Israeli officials have said forces will be withdrawn gradually as it ensures that the agreement is being enforced. Israel has warned people not to return to areas where troops are deployed, and says it reserves the right to strike Hezbollah if it violates the terms of the truce.
A Lebanese military official said Lebanese troops would gradually deploy in the south as Israeli troops withdraw. The official spoke on condition of anonymity because they were not authorized to brief media.
The ceasefire agreement announced late Tuesday ended 14 months of conflict between Israel and Hezbollah that began a day after Hamas' Oct. 7, 2023 attack out of Gaza, when the Lebanese Hezbollah group began firing rockets, drones and missiles in solidarity.
Israel retaliated with airstrikes, and the conflict steadily intensified for nearly a year before boiling over into all-out war in mid-September. The war in Gaza is still raging with no end in sight.
More than 3,760 people were killed by Israeli fire in Lebanon during the conflict, many of them civilians, according to Lebanese health officials. The fighting killed more than 70 people in Israel — over half of them civilians — as well as dozens of Israeli soldiers fighting in southern Lebanon.
Some 1.2 million people were displaced in Lebanon, and thousands began streaming back to their homes on Wednesday despite warnings from the Lebanese military and the Israeli army to stay out of certain areas. Some 50,000 people were displaced on the Israeli side, but few have returned and the communities near the northern border are still largely deserted.
In Menara, an Israeli community on the border with views into Lebanon, around three quarters of homes are damaged, some with collapsed roofs and burnt-out interiors. A few residents could be seen gathering their belongings on Thursday before leaving again.
