In what may be his final gambit to stall a return to India, the fugitive diamond merchant Nirav Modi has petitioned the UK High Court to reopen his long-standing extradition appeal. Over a two-day hearing that concluded on Tuesday, Modi’s legal team argued that 'fresh developments' and the systemic risk of ill-treatment in Indian custody necessitate a complete rethink of the case. The court has now reserved its judgement, leaving the billionaire’s fate hanging in the balance.
Representing Modi, Edward Fitzgerald KC painted a grim picture of Mumbai’s Arthur Road Jail, suggesting that his client faces a genuine risk of being moved to undisclosed locations for 'coercive interrogation'. Fitzgerald took aim at the sovereign assurances provided by New Delhi, arguing they lack teeth and cannot be taken at face value. He specifically questioned whether an affidavit from a CBI officer would truly bind other Indian agencies — such as the Income Tax Department or the Directorate of Revenue Intelligence — all of whom have their own bones to pick with the diamantaire.
The Indian government, however, was having none of it. Representing the state, Helen Malcolm KC dismissed the application as a meritless delay tactic. She accused Modi of 'manipulating' the judicial process to avoid facing the music for a fraud that allegedly saw him conceal some $300 million. Malcolm insisted that India’s sovereign guarantees were made in good faith and included ironclad safeguards for legal access and medical care. She further reminded the court of Modi’s history of allegedly intimidating witnesses and destroying evidence.
Modi, who has been languishing in London’s Wandsworth and Pentonville prisons since his 2019 arrest, watched the proceedings via video link. The bar for reopening a concluded appeal in the UK is notoriously high, and should the judges rule against him, the legal road in Britain will have effectively reached its end. If the application is rejected, the process for his physical extradition to India could finally move into its closing stages after years of procedural deadlock.
Also read: Nirav Modi’s brother Nehal Modi held in US for money laundering
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