Nirav Modi cites suicide risks in extradition appeal

July 21, 2021 20:57

Nirav Modi faces a "substantial risk" of suicide amid an "overwhelming" impact of COVID-19 at Arthur Road Jail in Mumbai, where he will be lodged on being extradited, the high court in London was told during an extradition appeal hearing on Wednesday.

The 50-year-old diamond merchant, wanted in India to face charges of fraud and money laundering in the estimated USD 2-billion Punjab National Bank scam case, observed the remotely held court proceedings from his Wandsworth Prison in south-west London as his lawyers argued for permission to appeal against his extradition ordered by District Judge Sam Goozee in February and certified by UK Home Secretary Priti Patel in April.

During the "renewal application" hearing before Justice Martin Chamberlain, Nirav's lawyers sought to establish the grounds for a full high court appeal hearing by claiming it would be oppressive to extradite him due to his mental condition that could lead to suicidal impulses.

Nirav's barrister Edward Fitzgerald argued that Judge Goozee made a "succession of errors" in his ruling in favour of extradition in February, when he concluded that not only was Nirav's severe depression not unusual given his incarceration, but that he did not exhibit an immediate impulse to commit suicide.

"The District Judge was wrong to hold that there was nothing unusual about the Appellant's (Nirav Modi) mental condition; and wrong to focus on his present fitness to plead," said Fitzgerald.

"As to the District Judge's conclusion that 'the Applicant's condition will improve on his return' and 'there will be an amelioration of his current conditions of detention', that finding was perverse on the evidence before him and unsustainable in the light of the new evidence. It was based on his assessment that the conditions in the prison at Arthur Road, Mumbai will be better than they are at HMP Wandsworth," he noted.

Nirav's lawyers relied on expert evidence from forensic psychiatrist Dr Andrew Forrester, presented previously at Westminster Magistrates' Court in London.

"In my opinion, Nirav Modi should now be considered at substantial (meaning high), albeit not immediate, risk of suicide," reads Forrester's assessment in his report dated August 27, 2020.

The lawyers also submitted fresh evidence to claim the COVID-19 pandemic is "overwhelming to the effect that the new outbreak of COVID renders the healthcare system on the brink of collapse". -- PTI

« Back to LIVE

TOP STORIES

7 Tips To Heal Irritable Bowel Syndrome

Replace processed and packaged foods with whole, unprocessed foods like fruits, green vegetables, whole grains and lean proteins, says Dr Gaurav Kumar Patil.

'The Hope Is About Friendship'

'Hope is about being more accepting of each other, the kind of solidarity and friendship that even our families may not be able to give.'

Is Ritika The Girl Of Your Dreams?

When it comes to fashion, she 'finds joy in simplicity'.

What Are Special Situation Funds?

These funds at times invest in companies going through corporate restructuring, such as mergers, demergers, or buybacks.

Million Dollar Starc Justifies Price Tag

Mitchell Starc, the costliest cricketer in IPL history -- with a $2.98 million price tag -- was named Player of the Match after taking 2 for 14, including bowling SRH opener Abhishek Sharma with an unplayable delivery that pundits judged...