The high court in London on December 15 refused Nirav Modi the permission to appeal to the UK Supreme Court.
On November 9, 2022, Lord Justice Stuart Smith and Justice Jay had given the go ahead to Modi’s extradition to India, who is wanted in the country to stand trial on fraud and money laundering charges.
After that judgment, Modi had to apply to the high court for permission to appeal in the Supreme Court, which was denied. “Appellant’s application for certification of point of law is refused. And the appellant’s permission to appeal to the Supreme Court is refused,” said Lord Justice Stuart Smith sitting in court 1 at the Royal Courts of Justice.
The court has also ordered the diamantaire to pay 150,247 pounds in legal costs.
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Modi is lodged in Wandsworth prison since his arrest in March 2019, and Thursday’s decision brings him a step closer to be extradited to India. He faces allegations of defrauding and money laundering Punjab National Bank to the tune of $2 billion.
In February 2021, district judge Samuel Goozee at the Westminster Magistrates’ court had found no bars to his extradition following which he had appealed to the high court. After a rather long process, Modi’s application was heard in stages, marked by the court asking both the sides to submit further evidence and arguments. The high court during the appeal hearing had also heard evidence from heath experts which further delayed the case.
However, on November 9, the high court had turned down Modi’s application after which the only legal recourse left was to apply to the Supreme Court. The high court has now refused him permission to appeal to the UK Supreme Court, which means that the only legal option before Modi is to go to the European Court of Human Rights where the bar is again very high.
There is a possibility that he has applied for asylum which will delay his extradition, just like fugitive liquor baron Vijay Mallya. But Indian agencies - CBI and ED - have scored a massive victory in UK courts.
Nirav Modi’s legal representative declined to comment on the ruling by the High Court.
It is still unclear whether he would seek relief from the European Courts of Human Rights for interim under Rule 39. Edward Fitzgerald, Modi’s barrister, has in the past managed to successfully invoke Rule 39 in other extradition cases, but in the case of Modi the bar is very high to get a similar relief.
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