Thursday, March 21, 2019

Nirav arrested from UK bank while opening a/c

Termed ‘Flight Risk’, In Custody Till March 29


Naomi Canton

London:21.03.2019

A court here on Wednesday rejected the bail application of fugitive diamantaire Nirav Modi and termed him a flight risk after he was arrested a day earlier from a London bank while he was trying to open an account. The police’s move came as a surprise for Nirav and his lawyers. He appeared in the Westminster magistrates’ court after spending a night in a police cell on being charged with conspiracy to commit fraud and conspiracy to conceal criminal property.

At the Westminster magistrates’ court, district judge Marie Mallon remanded him in custody till March 29, when he will appear for a preliminary hearing before chief magistrate Emma Arbuthnot, the same judge who oversaw the Vijay Mallya trial. The arrest clears the way for India to start its effort to get the fugitive diamantaire back home and face the law, but the return of Nirav could be a long-drawn affair.

George Hepburne Scott, extradition barrister representing Nirav, put forward an application for bail of £500,000 (₹4.5 crore) and proposed his client could report to his local police station. “He has done everything he can to be visible to demonstrate his keenness to fully cooperate. He is paying his council tax and has a National Insurance (NI) number and he is living openly,” Scott said.



Like Mallya, Nirav too says case is politically motivated

His properties in India worth ₹1,873 crore have already been attached .The worth of overseas attachments has been estimated at₹970 crore.

Significantly, Nirav Modi won’t be able to delay the proceedings by arguing that charges against him are “politically motivated” and “conditions of Indian jails are inhuman”, as these two were rejected by the UK court while ordering Mallya’s extradition in December last year.

Modi’s barrister said in court on Wednesday that Nirav will argue that the case against him is politically motivated and the prison conditions in India will breach his human rights and that he will not get a fair trial in India.

Mallya had also taken the same plea after his arrest on April 18, 2017. His extradition trial took a longer time. He had a series of case management hearings before his trial commenced on December 4, 2017. The trial did not end until September 12, 2018 when the closing oral submissions were made. The judgment was finally handed down one year after the trial on December 10, 2018. On February 3 this year, UK home secretary Sajid Javid signed the order for Mallya’s extradition. On February 14, Mallya lodged his application for leave to appeal in the high court. No decision has been reached yet. The high court has indicated that it may take months.

India’s extradition request against Modi to the UK, sent on July 31 last year, is also backed with “evidence” of his illegal activities spread over different countries— Armenia, Belgium, China, France, Japan, Malaysia, Russia, South Africa, UAE, US, Hong Kong, Singapore and Switzerland— something which will boost the trial, officials said.

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