The London High Court refused fugitive diamantaire Nirav Modi permission to reopen his extradition proceedings, saying it relied on the quality of assurances given by the Government of India in a note verbale. The bench — Lord Justice Stuart Smith and Justice Jay of the High Court of Justice, King’s Bench Division — dismissed Modi’s petition after considering material arising from a separate case involving fugitive economic offender Sanjay Bhandari, in which extradition was discharged on human rights grounds over concerns about possible torture.
When Modi’s case was heard in autumn 2022, the court said, the material that later informed the Bhandari decision either was not available or had not been put before it. The Bhandari judgment described worrying, allegedly endemic practices to obtain confessions. The High Court said that, but for a series of statements and assurances provided by India between September 2025 and February 2026, culminating in the note verbale, it would have been minded to reopen Modi’s appeal using its exceptional powers.
Modi had argued there was a real risk of torture or other ill-treatment, particularly during transfers from prison to the trial court in Mumbai. The court said it had considered those arguments carefully, including concerns about affidavit evidence from individuals who, as noted in the Bhandari judgment, may have condoned or ignored unacceptable detainee treatment. Nonetheless, the judges found the Indian assurances to be specific rather than vague and sufficient to address the identified risks.
The Union Home Ministry supplied a detailed plan covering Modi’s detention at Arthur Road prison, the facilities he would receive and the legal assistance available during trial. The court recorded that the assurances were given by an official competent to bind the Government of India, the State of Maharashtra and the five investigating agencies, and that any breach would damage diplomatic trust between India and the UK, particularly given Modi’s high profile.
Although India is not a signatory to the UN Convention Against Torture, the court said it did not doubt that torture is prohibited under Indian law. The Crown Prosecution Service, supported by a Central Bureau of Investigation team that travelled to London for the hearing, opposed the reopening application. The CBI has sought Modi’s extradition in connection with the Rs 13,000-crore Punjab National Bank fraud; proceedings have been ongoing since 2018. Modi was arrested in the UK in 2019 and has been in UK custody since March 19, 2019. Indian authorities allege he alone siphoned off Rs 6,498.20 crore and conspired with his uncle Mehul Choksi.
