Fugitive diamond trader Nirav Modi has approached the UK High Court seeking permission to reopen his prolonged extradition case, arguing that he faces a “real risk of torture” if returned to India. The high-stakes hearing concluded at the Royal Courts of Justice in London, with the bench reserving its verdict after hearing extensive arguments from both sides.
The case was heard by Lord Jeremy Stuart-Smith and Justice Robert Jay, who acknowledged the gravity of the matter. “This case is of extreme importance, to Mr Modi and to the Indian officials who have travelled from India. We will deliver the judgment as soon as possible,” Stuart-Smith remarked at the conclusion of proceedings.
The 54-year-old businessman appeared via videolink from Pentonville Prison, where he has remained lodged during the ongoing extradition process.
Modi’s legal team argued that extradition to India would expose him to inhuman or degrading treatment, particularly during interrogation by investigative agencies. Representing him, senior barrister Edward Fitzgerald contended that there is a credible threat of torture and questioned the reliability of assurances given by the Indian government.
The defence further expressed concern that Modi could be transferred from Mumbai’s Arthur Road Jail to Gujarat for questioning by agencies beyond the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), potentially exposing him to greater risk.
To strengthen their case, Modi’s lawyers cited the recent UK court decision involving Sanjay Bhandari, who was discharged from extradition on human rights grounds. The defence argued that similar concerns regarding custodial safety and treatment should apply in Modi’s situation as well.
Representing the Indian government, the Crown Prosecution Service strongly opposed the request to reopen the case. CPS barrister Helen Malcolm argued that the application was filed belatedly and rested on what she described as a “false premise.”
She urged the court to take a “common sense approach,” emphasizing that India had provided firm assurances regarding Modi’s treatment and detention conditions. Malcolm also highlighted that the high-profile nature of the case significantly reduces the likelihood of any misconduct, noting that any breach could damage future extradition cooperation between India and the UK.
The outcome of the High Court’s decision is critical. If permission to reopen the appeal is denied, Modi’s extradition is expected to proceed, potentially leading to his transfer to Mumbai’s Arthur Road Jail to face trial.
Modi is wanted in connection with the estimated $2 billion fraud involving the Punjab National Bank. He faces multiple charges, including fraud investigated by the CBI, money laundering charges by the ED, and allegations of tampering with evidence and influencing witnesses.
In 2021, then UK Home Secretary Priti Patel had approved his extradition after courts found a prima facie case against him. Since then, Modi has made several unsuccessful attempts to secure bail and block extradition through appeals in UK courts.
With the verdict now reserved, the case enters a decisive phase, with implications not only for Modi’s legal future but also for broader India-UK extradition cooperation.
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