Nirav Modi Gets A Breather, UK Court Allows Him To Challenge Extradition On Mental Health, Human Rights Grounds

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A high court judge in London granted fugitive diamond merchant Nirav Modi permission to appeal against a magistrates’ court order in favour of extradition to India to face charges of fraud and money laundering before the Indian courts on mental health and human rights grounds.

Justice Martin Chamberlain delivered his verdict remotely under COVID-19 rules to conclude that the arguments presented by the 50-year-old diamond merchant’s legal team concerning his “severe depression” and “high risk of suicide” were arguable at a substantial hearing.

He also noted that the adequacy of the measures capable of preventing “successful suicide attempts” at Arthur Road Jail in Mumbai, where Nirav Modi is to be detained upon extradition, also fall within the arguable ambit.

“At this stage, the question for me is simply whether the appellant’s case on these grounds is reasonably arguable.

“In my judgment, it is. I will grant permission to appeal on Grounds 3 and 4,” Justice Chamberlain’s ruling notes.

Grounds 3 and 4 relate to Article 3 of the European Convention of Human Rights (ECHR), or the right to life, liberty and security, and Section 91 of the UK’s Criminal Justice Act 2003 related to fitness to plead.