The Home Department of the United Kingdom has cleared the extradition of fugitive diamantaire Nirav Modi, wanted in India connection with a case involving over Rs 13,000-crore credit fraud involving Punjab National Bank (PNB).
However, Westminster’s court has granted Nirav a window of appeal in the High Court and has up to 14 days to make that application after the Home Secretary cleared the extradition.
Nirav had allegedly perpetrated the fraud in the PNB in collusion with his uncle Mehul Choksi. On February 25, a Westminster Magistrates’ Court allowed his extradition.
The findings of the court were sent to the UK Home Department headed by British Home Secretary Priti which cleared the extradition, officials said, according to news agency PTI.
The UK’s Westminster Magistrates’ Court ruled that the diamond merchant and prime accused in the PNB credit fraud case, Nirav Modi, has a case to answer before Indian courts.
India is a designated Part 2 country under the Extradition Act 2003 and the UK’s Cabinet Minister has the authority to order the requested person’s extradition after considering a number of further issues.
Under the Act, the Secretary of State must consider the possibility of imposition of the death penalty, in which case extradition cannot be ordered; the rule of specialty, which prohibits a person being dealt within the requesting state for matters other than those referenced in the extradition request; and whether or not the person was in the UK following extradition from another state, in which case that state’s permission must be obtained before extraditing to a third state.
In the absence of these factors, the Minister is supposed to order extradition within two months of the day on which the District Judge referred the decision to the office of Secretary of State.
The Home Secretary’s order rarely goes against the court’s conclusions.
Nirav can also appeal to the UK Supreme Court but only after the High Court certifies that the appeal involves a point of law of general public importance and either the High Court or the Supreme Court gives leave for the appeal to be made.
The CBI had registered the case on January 31, 2018, against the partners of three private firms and others including then officials of PNB on a complaint from the bank.