Why UK prosecutors toured Tihar Jail before deciding on Vijay Mallya and Nirav Modi’s fate

Several white-collar fugitives in the UK have argued that extradition to India would expose them to extortion, violence, or torture in Tihar.

A delegation from the UK’s Crown Prosecution Service (CPS) visited Delhi’s Tihar Jail in July to evaluate prison conditions, a key step in clearing hurdles that have delayed the extradition of high-profile fugitives such as Vijay Mallya and Nirav Modi.

The four-member team, comprising two CPS experts and two officials from the British high commission, toured high-security wards and interacted with inmates, senior officials told Hindustan Times. Their visit was facilitated by the Ministry of Home Affairs (MHA).

India promises dedicated enclave for high-profile extraditees

While the delegation expressed satisfaction with the overall standards of care, Indian authorities assured them that a dedicated 'enclave' could be created inside Tihar to house extradited economic offenders. Officials told Hindustan Times this would ensure security, meet international expectations, and address human rights concerns.

One officer said the team was 'largely impressed' with the facilities, calling them 'at par with international standards.' Another added that the delegation also held detailed meetings with senior officers from the MHA, Ministry of External Affairs, investigating agencies and Tihar administration to discuss legal requirements of CPS prosecutors representing India.

Why prison conditions matter in UK courts

Several white-collar fugitives in the UK have argued that extradition to India would expose them to extortion, violence, or torture in Tihar.

These claims have had real consequences. On February 28, the UK High Court refused to extradite arms dealer Sanjay Bhandari, citing concerns over prison conditions. In April, the court also denied India’s appeal, freeing Bhandari in London. Weeks later, Westminster Magistrates’ Court discharged Virkaran Awasty and his wife Ritika Awasty, accused in a Rs 750-crore fraud, citing the same precedent.

Chief Magistrate Paul Goldspring ruled that “in the absence of assurances that Awasty won’t be held in Tihar, or if he is, that the issues raised in Bhandari will not apply to him, the real risk remains.”

India forced to provide sovereign guarantees

Those rulings triggered alarm in Delhi. According to Hindustan Times, the CPS wrote to Indian authorities advising them to provide sovereign guarantees ensuring that extradited suspects would not face torture or interrogation, in line with Article 3 of the European Convention on Human Rights (ECHR).

In response, India gave the UK government such a guarantee in the Awasty case, promising that the couple would not be interrogated if extradited.

Extradition backlog grows

Government data shows that 178 extradition requests filed by Indian agencies for economic offenders, terrorists and others remain pending with different countries. Nearly 20 of these are with the UK.

Apart from Vijay Mallya and Nirav Modi, others being pursued in Britain include Sanjay Bhandari, underworld don Iqbal Mirchi’s wife Hajra Memon, their sons Asiq and Junaid Iqbal Memon, and several UK-based Khalistani leaders.

Officials believe the CPS inspection could generate favourable feedback in London, boosting confidence in India’s assurances. By offering a “safe enclave” for high-profile prisoners, New Delhi hopes to blunt defence arguments and strengthen its case in UK courts.

If successful, the visit may accelerate the return of some of India’s most wanted economic offenders who have long used concerns over prison conditions to stall justice.