UK court rejects Nirav Modi’s bail plea again, says he’s ‘real’ flight risk

Judge John Zani took up Nirav Modi’s fresh bail plea on the grounds that the long passage of time since the last bail application three and a half years ago constituted a change in circumstances

NEW DELHI: A UK court on Tuesday rejected diamantaire Nirav Modi’s bail plea, saying he presented a “real, substantial risk” of absconding justice, people familiar with the development said.

Modi, who is accused of cheating Punjab National Bank of ₹6,498 crore, has been lodged at Wandsworth prison on the outskirts of London after his arrest on March 19, 2019, based on India’s extradition request to British authorities. Modi left India on January 1, 2018, before the Central Bureau of Investigation (CBI) registered a case.

UK courts have previously refused bail to Nirav Modi because he was considered a flight risk and had the means to influence witnesses and tamper with evidence despite an offer of a bail package in October 2020, which included 4 million pounds as security and house arrest.

Judge John Zani took up Nirav Modi’s fresh bail plea on the grounds that the long passage of time since the last bail application three and a half years ago constituted a change in circumstances to allow the hearing to go ahead.

“However, I am satisfied that there remain substantial grounds against bail. There continues to be a real, substantial risk that the applicant [Nirav Modi] would fail to attend court or interfere with witnesses,” concluded Judge Zani in his judgment after a short hearing on Tuesday, according to the news agency PTI.

“This case involves, by any footing, a very substantial fraud allegation… not one where bail can be granted and the application is refused,” the judge noted.

People familiar with the development said a joint team of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) was in London for the court hearing.

The diamond merchant has lost the extradition case at Westminster’s court and the UK high court and has not been granted permission to go into appeal in the Supreme Court.

On February 25, 2021, district judge Sam Goozee at the Westminster Magistrates’ Court ruled that there were no bars on the extradition of Nirav Modi. Then UK home secretary Priti Patel, on April 15, 2021, ordered his extradition to India after which he filed an application before the high court of justice, London seeking permission to appeal on multiple grounds.

On August 9, 2021, the high court allowed his appeal on two grounds – that his extradition would be incompatible with his convention rights under Article 3 of European Convention on Human Rights; and that it would be unjust or oppressive within the meaning of Section 91 of UK Extradition Act 2003 to extradite him by virtue of his physical and mental condition.

The UK high court eventually dismissed his appeal against extradition on November 9, 2022.

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