Weeks after a UK court accepted a plea from Nirav Modi seeking to reopen his extradition proceedings, India has sent a letter of assurance to London, a sovereign guarantee of sorts, stating that the fugitive diamantaire, in the event of extradition, “will only face trial” here and “won’t be interrogated or taken into custody by any agency”, officials familiar with the matter said.
They added that they expect the court to dismiss Modi’s plea at the first hearing itself on the basis of this letter.
The officials confirmed that a joint assurance has been sent by five agencies, CBI (Central Bureau of Investigation), ED (Enforcement Directorate), SFIO (Serious Fraud Investigation Office), and Customs and Income Tax departments , guaranteeing that Modi will not face any charges other than fraud and money laundering, for which his extradition was ordered by the UK courts earlier.
India has also assured the UK that Nirav Modi will be housed in Arthur Road prison in Mumbai, which has good living conditions for inmates.
As first reported by HT on September 19, a Westminster court in London admitted a plea in which Modi sought to reopen his entire extradition proceedings alleging that if extradited to India, he will be interrogated by multiple agencies and may face torture during such interrogation. Since the UK courts, up to the high court, had approved his extradition -- which is now pending with the British government -- the acceptance of a fresh plea by the Westminster court set off alarms in Delhi.
“In response, we have sent a letter of assurance from five agencies stating that in the event of extradition, Nirav Modi will only face trial in India for the offences of fraud and money laundering, for which his extradition was ordered earlier. We have assured the authorities in London that he will not be taken into custody or interrogated by any agency,” said a senior government official, who asked not to be named.
{{/usCountry}}“In response, we have sent a letter of assurance from five agencies stating that in the event of extradition, Nirav Modi will only face trial in India for the offences of fraud and money laundering, for which his extradition was ordered earlier. We have assured the authorities in London that he will not be taken into custody or interrogated by any agency,” said a senior government official, who asked not to be named.
{{/usCountry}}This assurance -- which acts as sovereign guarantee from India -- will be submitted to the court by the Crown Prosecution Service (CPS).
Indian officials are hopeful that Modi’s plea to reopen the extradition proceedings will be rejected in the first hearing itself. “His extradition has already reached finality, and we expect his claims to be rejected at the first hearing, scheduled for November 23 this year,” said a second official who asked not to be named.
Regarding Modi’s claims on poor prison conditions in India, the letter says he will be housed in Barrack number 12 of the Arthur Road prison in Mumbai , a spacious dedicated area for high-profile prisoners, separate from general prison population and equipped with all facilities, the second official added.
Similar assurances along with a video of the Barrack number 12 on prison conditions were given by India in 2019 and 2020, which were appreciated by the UK courts.
Officials said a fresh video of Barrack number 12 at Arthur Road, which has been renovated to meet the European standards, has also been sent along with the assurance to the UK.
Accused of defrauding Punjab National Bank (PNB) of ₹6,498 crore [part of a total ₹13,578 crore fraud, with around ₹7,000 crore linked to his uncle Mehul Choksi], Nirav Modi has been lodged at Wandsworth Prison on the outskirts of London since March 19, 2019. He was arrested by Scotland Yard on the basis of India’s extradition request.
On February 25, 2021, a district judge at Westminster magistrates’ court ordered his extradition to India. The order was upheld by the UK High Court on November 9, 2022. The high court also rejected his plea to appeal to the UK Supreme Court, effectively exhausting his legal options.
Nirav Modi was declared a fugitive economic offender under the FEO Act, 2018. His assets worth ₹2,598 crore have been attached by ED under the prevention of money laundering act (PMLA), and ₹981 crore has been restored to the victim banks.
Indian agencies are also pursuing legal proceedings in the UK to transfer to India overseas assets worth ₹130 crore linked to Nirav Modi.