Nirav Modi is needed for cash laundering within the PNB mortgage rip-off in India. (File)
A UK court docket ruling that jeweller Nirav Modi does have a case to reply earlier than the Indian courts in relation the Punjab Nationwide Financial institution (PNB) rip-off case clears the authorized pathway to the diamond product owner’s extradition, with the Westminster Magistrates’ Court docket judgment now making its solution to the desk of British House Secretary Priti Patel for an indication off.
India is a delegated Half 2 nation by advantage of the Extradition Act 2003, which implies it’s the Cupboard minister who has the authority to order a requested particular person’s extradition after contemplating plenty of additional points.
Below the provisions of the act, the Secretary of State should contemplate the potential imposition of the loss of life penalty, wherein case extradition can’t be ordered. The rule of specialty, which prohibits an individual being handled within the requesting state for issues apart from these referenced within the extradition request, and whether or not or not the particular person was within the UK following extradition from one other state, wherein case that states permission have to be obtained earlier than extraditing to a 3rd state.
If these elements don’t forestall extradition, the minister should order extradition inside two months of the day on which the District Decide referred his determination to the Secretary of State, on this case by the top of April.
The House Secretary’s order not often goes in opposition to the court docket’s conclusions, as she has to contemplate solely these very slender bars to extradition that are unlikely to use in Nirav Modi’s case.
Nevertheless, as witnessed within the extradition case of former Kingfisher Airways chief Vijay Mallya — who stays on bail within the UK whereas a “confidential” matter, believed to narrate to an asylum request, is resolved — there’s nonetheless some solution to go earlier than Nirav Modi could be formally moved from Wandsworth Jail in London to Barrack 12 Arthur Street Jail in Mumbai and face trial in India.
The ministerial determination apart, the choose has knowledgeable Nirav Modi of his proper to hunt an attraction within the Excessive Court docket and has as much as 14 days to make that utility after the House Secretary has made her determination identified. Any attraction, if granted, will likely be heard on the Administrative Division of the Excessive Court docket in London.
It’s also potential to attraction to the UK Supreme Court docket however that is solely potential if the Excessive Court docket certifies that the attraction entails some extent of legislation of common public significance, and both the Excessive Court docket or the Supreme Court docket offers go away for the attraction to be made.
Nirav Modi’s authorized workforce didn’t instantly verify if he intends to attraction in opposition to Thursday’s ruling within the Excessive Court docket and he’ll stay behind bars at Wandsworth Jail on judicial remand till the subsequent stage within the authorized course of.
In the meantime, Indian-origin minister Priti Patel has plenty of issues associated to Indian financial offenders including up — with Vijay Mallya’s case but to be totally resolved and that of accused arms vendor Sanjay Bhandari set to start in magistrates’ court docket from April.