Fugitive diamond merchant Nirav Modi asked the High Court in London for permission to reopen his extradition appeal, arguing he faces a “real risk of torture” during interrogation by Indian investigating agencies. The hearing before Lord Jeremy Stuart‑Smith and Justice Robert Jay at the Royal Courts of Justice concluded after a day, with judgment reserved.
Modi, 54, wanted in India on fraud and money‑laundering charges linked to an alleged USD 2 billion Punjab National Bank scam, appeared by videolink from Pentonville prison. His lawyers relied on the recent extradition decision in the case of Sanjay Bhandari, who was discharged on human‑rights grounds.
The Crown Prosecution Service, representing the Indian government, opposed reopening the nearly six‑year‑old matter. Edward Fitzgerald KC, for Modi, argued extradition would create a real risk of inhuman or degrading treatment or torture during interrogation and dismissed Indian assurances as “neither adequate nor reliable.” He warned Modi could be moved from Arthur Road Jail in Mumbai to Gujarat and questioned by agencies other than the CBI and Enforcement Directorate.
CPS barrister Helen Malcolm KC told the court the application was out of time and based on a “false premise,” urging a “common sense approach.” She said the case is exceptional, protective factors exist, and the high profile of Modi’s case makes secret breaches of assurances unlikely.
If the court refuses permission to appeal, extradition arrangements are expected to proceed, with Modi to be held at Arthur Road Jail ahead of trial in India. He faces three sets of proceedings there: a CBI case on PNB fraud, an ED case on alleged laundering of proceeds, and proceedings alleging interference with evidence and witnesses. In April 2021 then‑home secretary Priti Patel ordered his extradition after a prima facie case was found. Modi has since made several unsuccessful bail applications and appeals in UK courts.
