The five-day extradition trial of fugitive diamantaire Nirav Modi to face charges of major financial offences in India is set to begin in the Westminster Magistrates Court on Monday, with New Delhi making a second extradition request in February.
Modi, 49, is now the subject of two extradition requests; one processed by the Central Bureau of Investigation (CBI) and the other by the Enforcement Directorate (ED). Lodged in the Wandsworth jail since arrest in March 2019, he has been refused bail five times.
The Crown Prosecution Service (CPS), which represents India in UK courts, said Modi is likely to take part in the extradition trial by video-link. Charges against Modi involve a Mumbai branch of the Punjab National Bank (PNB) that extended his companies loans worth over Rs 11,300 crore.
Modi is the subject of two sets of criminal proceedings. The CBI case relates to large-scale fraud upon PNB, through the fraudulent obtaining of Letters of Understanding (LOUs/loan agreements); the ED case relates to the laundering of the proceeds of that fraud.
The second extradition request was made on the basis of two additional offences as part of the CBI case. It was certified by home secretary Priti Patel on February 20 as required under the 1993 India-UK extradition treaty.
The additional offences relate to allegations that Modi interfered with the CBI investigation by “causing disappearance of evidence” and intimidating witnesses (”criminal intimidation to cause death”). They have not been joined to the CBI case, but will be dealt with at a separate later hearing likely in July, the CPS said.
Despite offering to raise the bail security amount to 4 million pounds, UK courts have refused Modi bail on the ground that he posed a flight risk and had the means to influence witnesses and tamper with evidence.
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