A High Court choose in London on Monday granted fugitive diamond service provider Nirav Modi permission to attraction towards a magistrates’ courtroom order in favour of extradition to India to face prices of fraud and cash laundering earlier than the Indian courts on psychological well being and human rights grounds.
Justice Martin Chamberlain delivered his verdict remotely underneath COVID-19 guidelines to conclude that the arguments introduced by the 50-year-old diamond product owner’s authorized staff regarding his extreme despair and excessive danger of suicide had been debatable at a considerable listening to.
He additionally famous that the adequacy of the measures able to stopping profitable suicide makes an attempt at Arthur Road Jail in Mumbai, the place Nirav Modi is to be detained upon extradition, additionally fall throughout the debatable ambit.
At this stage, the query for me is solely whether or not the appellant’s case on these grounds is fairly debatable. In my judgment, it’s. I’ll grant permission to attraction 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 precise to life, liberty and safety, and Section 91 of the UK’s Criminal Justice Act 2003 associated to health to plead.
The choose famous that the arguments made underneath each grounds overlap on this case as they each rely principally on the appellant, Nirav Modi’s psychological ailing well being.
I cannot prohibit the idea on which these grounds may be argued, although it appears to me that there must be a selected deal with whether or not the choose was incorrect to achieve the conclusion he did, given the proof as to the severity of the appellant’s [Nirav Modi’s] despair, the excessive danger of suicide and the adequacy of any measures able to stopping profitable suicide makes an attempt in Arthur Road jail, the ruling notes.
