UK home secretary approves Nirav Modi's extradition to India
London, Apr 16: UK Home Secretary Priti Patel has signed off on the order to extradite Nirav Modi, wanted in India on fraud and money laundering charges related to the estimated USD 2-billion Punjab National Bank (PNB) scam case, senior Indian diplomatic sources in the UK said on Friday.
Modi, 50, who remains behind bars at Wandsworth Prison in south-west London, has 14 days to apply for permission to appeal against the Home Secretary's order in the High Court in London.
Back on February 25, the Westminster Magistrates' Court had concluded that the diamond merchant has a case to answer before the Indian courts, leaving the sign off on the order with the Cabinet minister.
He had allegedly perpetrated the fraud in the Punjab National Bank in collusion with his uncle Mehul Choksi.
After a two year long legal battle, District Judge Samuel Goozee had ruled that Modi only has a case to answer in the Indian courts but that there is no evidence to suggest he would not receive a fair trial in India.
He also dismissed the human rights concerns that Modi's medical needs would not be addressed as per several Indian government assurances.
"I am satisfied that there is evidence upon which NDM [Nirav Deepak Modi] could be convicted in relation [to] the conspiracy to defraud the PNB. A prima facie case is established," the judge noted.
A prima facie case to have been established on all counts of charges brought by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) money laundering, intimidation of witnesses and disappearance of evidence, he had said.
Under the UK Extradition Act 2003, the judge sent his findings to the Secretary of State for Home Affairs. It is the UK Cabinet minister who is authorised to order an extradition under the India-UK Extradition Treaty and has two months within which to make that decision.
The CBI had registered the case on January 31, 2018 against Modi, Choksi and others including then officials of Punjab National Bank on a complaint from the Bank on the allegations that the accused had hatched a criminal conspiracy amongst themselves to defraud the public sector Bank by fraudulently issuing Letters of Undertaking.
Letters of Undertaking are a guarantee that a bank gives to banks abroad where its client approaches for credit.
The figure swelled to Rs 13,000 crore when similar frauds by companies of his uncle Mehul Choksi, an alleged co-conspirator, came to light, officials said.
Investigation showed that the accused officials of the Punjab National Bank, in conspiracy with said owners of the firms and others, had fraudulently issued a large number of LoUs to overseas banks for obtaining Buyer's credit in favour of said three firms without any sanctioned limit or cash margin and without making entries in the core system of the bank.
The first charge sheet was filed on May 14, 2018 against 25 accused including Modi. The second charge sheet was filed on December 20, 2019 against 30 accused people including the 25 chargesheeted earlier in respect of 150 outstanding fraudulent LoUs which had resulted in wrongful loss of nearly Rs 6,805 crore to PNB.
It was also alleged that Modi in conspiracy with other accused had siphoned off the funds obtained as buyer's credit through dummy companies established by him in Dubai and Hong Kong which were shown as exporter of Pearls to three Nirav Modi firms and importer of Pearl studded jewellery from his firms.
Modi had escaped from India on January 1, 2018 before registration of case in CBI. A non bailable arrest warrant was issued by the trial court against him followed by a red corner notice in June 2018 by Interpol.
He was arrested by the UK Police in London in March 2019 and his repeated applications for bail, were rejected by the Westminster Magistrates' Court and High Court, London.
After second charge sheet was filed, additional evidences were submitted to the Court in London for the total fraud amount of Rs. 6,805 crore (approx.). In addition, second extradition request for the offences of intimidating the witnesses and destruction of evidence was also submitted to the UK government.
In extradition requests, CBI submitted voluminous oral and documentary evidence to substantiate the charges of criminal conspiracy, cheating, criminal breach of trust, criminal misconduct by public servants, destruction of evidence and criminal intimidation of evidence.
India is a designated Part 2 country by virtue of the Extradition Act 2003, which means it is the minister who has the authority to order a requested person's extradition after considering a number of further issues.
Under the provisions of the act, the Secretary of State had to consider the possible imposition of the death penalty, in which case extradition cannot be ordered; the rule of specialty, which prohibits a person being dealt with in the requesting state for matters other than those referenced in the extradition request; and whether or not the person was in the UK following extradition from another state, in which case that states permission must be obtained before extraditing to a third state.
If these factors do not prevent extradition, the minister had two months within which to sign off on Judge Goozee's February 25 order. The Home Secretary's order rarely goes against the court's conclusions, as she has to consider only these very narrow bars to extradition which did not apply in Nirav's case.
However, as witnessed in the extradition case of former Kingfisher Airlines chief Vijay Mallya who remains on bail in the UK while a confidential matter, believed to relate to an asylum request, is resolved there is still some way to go before Nirav can be formally moved from Wandsworth Prison in London to Barrack 12 Arthur Road Jail in Mumbai and face trial in India.
The judge had informed Nirav Modi of his right to seek an appeal in the High Court and has up to 14 days to make that application after the Home Secretary makes her decision known. Any appeal, if granted, will be heard at the Administrative Division of the High Court in London.
It is also possible to appeal to the UK Supreme Court but this is only possible if the High Court certifies that the appeal involves a point of law of general public importance, and either the High Court or the Supreme Court gives leave for the appeal to be made.
Nirav's legal team did not immediately confirm if he intends to appeal against order and he will remain behind bars at Wandsworth Prison on judicial remand until the next stage in the legal process.
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Rahul Gandhi unveils 5 poll guarantees for Kerala, targets PM Modi and CM Vijayan
Thiruvananthapuram (PTI): In a high-stakes campaign here, Congress leader Rahul Gandhi on Saturday combined five populist electoral pledges with a fierce assault on Kerala’s ruling Communists, alleging Chief Minister Pinarayi Vijayan is being "controlled" by Narendra Modi in the same manner Donald Trump exerts influence over the Prime Minister.
Speaking at the valedictory function of the state-wide ‘Puthuyuga Yatra’ led by Leader of Opposition V D Satheesan as part of the Congress-led UDF’s preparations for the upcoming Assembly elections, Gandhi said, “The same way Trump is controlling Modi, the Prime Minister is controlling the Chief Minister of Kerala."
Announcing five guarantees for the people of poll-bound Kerala, he said, “The first guarantee is free travel for all women in KSRTC buses."
The other guarantees announced by him were a monthly financial assistance of Rs 1,000 for college-going girl students, increase of welfare pension to Rs 3,000 per month, a new health insurance scheme worth Rs 25 lakh coverage for every household in the name of former chief minister Oommen Chandy and interest-free loans of up to Rs 5 lakh for youngsters who want to start businesses.
In addition, he said a dedicated ministry would be created for the welfare of senior citizens.
Launching a scathing attack on Pinarayi Vijayan, Gandhi said PM Modi is "controlling the Chief Minister".
He alleged that even CPI(M) workers were aware of this and would admit it.
“I want to understand why the CBI and ED take action against opposition politicians but do not take action against the Chief Minister of Kerala,” he said.
Gandhi said there were 36 cases against him and that he was interrogated by the Enforcement Directorate for 55 hours.
“Why has the ED taken no action against the Chief Minister and his family? The reason is they are working together,” he alleged.
According to him, in Kerala, it was not the CPI(M) and BJP, but the “CJP” that was working together to defeat the UDF.
Gandhi also accused the LDF government of "functioning in the interests of big corporates".
“This is the most corporatist government Kerala has ever seen. It is against the interests of workers, small businesses and farmers and is working for the interests of the biggest businessmen,” he alleged.
He said the CPI should be renamed the “Corporate Party of India”.
“At least stand for what you say you are,” he said.
Referring to the alleged gold theft at Sabarimala temple, Gandhi claimed that the investigation was prevented from reaching the top leadership.
“Don’t worry, we will take strict action against those who dishonoured Sabarimala."
He also alleged that the LDF government had created a serious unemployment situation in the state.
“Modi has destroyed the employment system in India and the CPI(M) has destroyed it in Kerala,” he said.
Taking on the Centre, Gandhi alleged that the Prime Minister had “let the country down”.
“He has betrayed the country,” Gandhi said.
He said he was using the word deliberately and believed the Prime Minister had "betrayed the country" by signing the trade deal with the United States.
Gandhi claimed that the consequences of the agreement would be borne by the people of India.
“No Prime Minister before him opened our agriculture to American agriculture. Large American mechanised firms are going to compete with small Indian labour-intensive firms,” he said.
He said the deal would lead to devastation for farmers cultivating crops such as cotton, corn, pulses, fruits and soybeans.
Gandhi also claimed that the Prime Minister had "compromised" the country’s energy security.
“Imagine the Prime Minister of India committing to President Trump that we will buy oil from where America wants us to. Imagine a country as powerful as ours having to take permission from the US if we want to buy oil from Russia,” he said.
Referring to the trade deal, he said the US could extract data from India, which he described as the "most valuable asset" in the era of artificial intelligence.
“AI is all about data and India, with 1.4 billion people, is the largest producer of data. All of it has been signed away by Prime Minister Modi,” he alleged.
Earlier in the day, during a dialogue with the Information Technology (IT) Fraternity at Technopark here, Gandhi said that if India had said that its data was the most valuable in the world, there would have been no taxes on agriculture or on small and medium businesses.
He claimed that, except him speaking out against it, there was "not a peep" in India when its data was "handed over" to the US as part of the deal signed by the central government.
During his interaction with the tech professionals, the LoP in Lok Sabha also said that China has built a "superb and unmatched" industrial system in the world, but the neighbouring nation was "coercive and undemocratic".
He was also concerned that China dominated the electric motors and batteries technology which saw wide usage in the Ukraine-Russia war and the ongoing conflict in West Asia.
"That is a huge problem," he said, adding that he was confident that if aligned properly, an Indian company can take on the Chinese in that space.
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