Nirav Modi, the fugitive diamond merchant, asked the High Court in London for permission to reopen his extradition appeal, saying he faces a “real risk of torture” during questioning by Indian investigative agencies. The one-day hearing at the Royal Courts of Justice before Lord Jeremy Stuart‑Smith and Justice Robert Jay has concluded and the judges reserved judgment.
Modi, 54, who appeared by videolink from Pentonville prison, is wanted in India on fraud and money‑laundering allegations tied to an alleged $2 billion Punjab National Bank scam. His legal team relied on a recent extradition ruling in the case of Sanjay Bhandari, who was discharged on human‑rights grounds, as a basis to reopen Modi’s long‑running case.
The Crown Prosecution Service, acting for the Indian government, opposed the application to relist the matter, noting the proceedings are nearly six years old. Edward Fitzgerald KC, representing Modi, argued that extradition would expose his client to a real risk of inhuman or degrading treatment or torture during interrogation, and he rejected Indian assurances as “neither adequate nor reliable.” Fitzgerald warned there was a real possibility Modi could be transferred from Arthur Road Jail in Mumbai to Gujarat and questioned by agencies other than the CBI and the Enforcement Directorate.
CPS barrister Helen Malcolm KC told the court the application was out of time and rested on a “false premise,” urging the judges to take a “common sense approach.” She said the circumstances of the case are exceptional in other respects, that protective factors exist, and that the high public profile of Modi’s case makes any covert breaches of assurances unlikely.
If the court refuses permission to reopen the appeal, extradition arrangements are expected to proceed and Modi would be held at Arthur Road Jail ahead of his return to India. He faces three separate sets of proceedings there: a CBI prosecution over the alleged PNB fraud, an Enforcement Directorate case alleging laundering of proceeds, and proceedings accusing him of interfering with evidence and witnesses. In April 2021 then‑home secretary Priti Patel ordered his extradition after finding a prima facie case. Modi has since pursued multiple bail applications and appeals in UK courts, all of which have been unsuccessful.
