Nirav Modi: To stall his extradition, NiMo cites Assange case – Times of India

Absconding billionaire jeweller Nirav Modi introduced up the Julian Assange case on the closing submissions of his extradition listening to in London, arguing that in the identical method a UK choose dominated it was “unjust and oppressive” to extradite the WikiLeaks founder to the US, it could even be the identical to extradite him to India owing to his critical psychological sickness and excessive threat of suicide.
Though the federal government of India says Nirav pays for personal medical remedy from jail in Mumbai, Nirav’s lawyer Clare Montgomery QC mentioned at Westminster Magistrates’ Court on Thursday mentioned that this was “an utterly worthless undertaking” as he has been declared a fugitive financial offender in India “meaning he has no assets and if any became available they would be frozen”.
On Monday, district choose Vanessa Baraitser had dominated on the similar courtroom “the mental condition of Mr Assange is such that it would be oppressive to extradite him to the USA” and ordered he be discharged pursuant to Section 9 of the Extradition Act 2003, which offers that if at any time within the extradition listening to it seems to the choose that the bodily or psychological situation if the individual is such that it could be unjust or oppressive to extradite him the choose should order the individual’s discharge or adjourn the listening to.
Montgomery referred the courtroom to Wandsworth jail’s marketing consultant forensic psychiatrist Dr Andrew Forrester’s report which concluded that Nirav is a suicide threat, severely mentally unwell and on the brink of being unfit to plea. She mentioned there was no provision of anti-suicide prevention technique or multi-disciplinary system of care at Arthur Road Jail, which she described as a “hot dirty grossly overcrowded rat-infested sweatbox”. She added, “Is it unjust and oppressive to send someone to India with no plan of how their mental illness will be addressed? It plainly is.”
She mentioned his threat of suicide, while not imminent was “serious and real” and the circumstances he was being saved in in Wandsworth Prison “were better than in India” the place, she mentioned, he can be saved in solitary confinement.
Montgomery additionally argued Nirav wouldn’t face a good trial in India, saying, in contrast to Vijay Mallya, “the whole world” had turned towards Nirav which means he wouldn’t discover attorneys or witnesses in India. “The BJP are an authoritarian regime that now controls India with a rod of iron,” she mentioned, telling the choose that Amnesty had been thrown out of India.
Helen Malcom QC, representing the Indian authorities, requested entry to Nirav’s jail medical data and needed to nominate a marketing consultant psychiatrist to independently assess Nirav’s well being and for the case to be adjourned. But district choose Samuel Goozee rejected the request saying it ought to have been made earlier.
Malcolm identified Wandswoth jail didn’t assume it needed for Nirav to be eliminated to a hospital at current. “He has not received any of the care in this country which Dr Forrester says he should and yet still fit to plead and take part in proceedings here” she identified.
She mentioned, Nirav not too long ago supplied £2 million as bail bond and over £300 million was nonetheless lacking within the fraud case and so it was “far fetched to say he has no money to pay a medical practitioner”.
“The fact that vast sums have gone missing from a state bank mean there will be a high-profile interest but that does not conflate to an unfair trial. There is no proposal to keep Nirav in solitary confinement. Mallya if he is extradited will also be in Barrack 12.”
Nirav, who’s accused by the CBI and ED of large-scale fraud, cash laundering, intimidation of witnesses and hiding proof, appeared within the dock with a protracted half gray beard, having placed on weight and significantly aged since his final look.

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