Diamantaire Nirav Modi’s defence workforce on Thursday alleged that the Arthur Street jail in Mumbai didn’t have preparations or plans to take care of his psychological well being points, together with threat of suicide, and urged the Westminster Magistrates’ Courtroom to dismiss India’s extradition request.
Modi’s lawyer, Claire Montgomery, additionally alleged that Modi wouldn’t obtain a good trial if extradited, and cited reported statements by Indian ministers and two former judges who deposed within the case, Abhay Thipsay and Markandey Katju.
Psychological well being and threat of suicide had been the principle grounds on which the court docket earlier this week blocked the extradition of WikiLeaks founder Julian Assange to the US, the place he’s needed to face fees of leaking labeled data.
The primary day or the two-day listening to on concluding arguments within the Modi case was centered on problems with psychological well being and truthful trial. The difficulty whether or not a prima facie case exists in opposition to him would be the deal with Friday, with a judgment anticipated in weeks.
Helen Malcolm of the Crown Prosecution Service representing India mentioned the court docket may ask the federal government of India for a contemporary assurance on amenities for psychological well being remedy in Barrack quantity 12 of the Mumbai jail.
In response to Montgomery, the court docket was not obliged to ask for such an assurance after a sure time restrict.
Malcolm didn’t see equivalence between the Assange and Modi circumstances, as claimed by Montgomery, for the reason that former reportedly suffers from Asperger’s Syndrome and melancholy.
She additionally denied that there was any plan to maintain Modi in solitary confinement within the Arthur Street jail, as claimed.
Apart from medical amenities accessible within the jail, Malcolm reminded the court docket that India had submitted particulars of no less than three hospitals close by the place he may very well be handled. He would additionally be capable to search personal remedy of his alternative, she added.
In response to Malcolm, there is no such thing as a distinction between Modi’s case and that of businessman Vijay Mallya; the court docket had beneficial Mallya’s extradition in December 2018.
She additionally refuted claims that India’s judiciary isn’t impartial or that Modi wouldn’t obtain a good trial if extradited.
Montgomery mentioned the federal government of India had submitted an “completely nugatory” assurance that Modi would have entry to vital medical amenities. Decide Samuel Goozee heard either side and concluded in opposition to that the federal government of India had “ample alternatives” to reply to issues beforehand raised by a medical physician who had examined Modi.
Modi, 49, who’s lodged within the Wandsworth jail in west London and attended the listening to remotely, sporting a jacket and sporting a beard, is the topic of two extradition requests; one processed by the Central Bureau of Investigation (CBI) and the opposite by the Enforcement Directorate (ED).
Costs in opposition to Modi contain PNB’s Mumbai department that prolonged his corporations loans value over Rs 11,300 crore. The CBI case pertains to large-scale fraud upon PNB, by the fraudulent acquiring of Letters of Understanding (LOUs/mortgage agreements) – the ED case pertains to the laundering of the proceeds of that fraud.
The second extradition request was made on the idea of two extra offences as a part of the CBI case, referring to allegations that Modi interfered with the CBI investigation by “inflicting disappearance of proof” and intimidating witnesses (”prison intimidation to trigger loss of life”).