Nirav Modi uses Bhandari judgment in bid to ‘reopen’ his extradition

TOI analogous from London: Fugitive jeweller Nirav Modi appeared astatine the precocious tribunal present connected Tuesday successful a bid to get the tribunal to “reopen” its determination to disregard his entreaty against extradition to India, claiming helium had compelling caller evidence.Nirav’s barrister, Edward Fitzgerald, said the HC judgement successful the lawsuit of defence middleman Sanjay Bhandari, successful Feb 2025, which said helium was astatine existent hazard of torture by the investigating agencies successful India, and frankincense rejected his extradition connected human rights grounds, was the “supervening event”. Nirav was besides astatine hazard of torture arsenic helium excessively would beryllium interrogated by investigating agencies successful India if extradited, Fitzgerald said. Extradition cases whitethorn lone beryllium reopened if important caller grounds emerges.

Three CBI officers, who flew implicit for the hearing, watched the proceedings, arsenic did Nirav, who appeared via video nexus from Pentonville prison.In the Bhandari case, the judges had ruled that the usage of torture to get confessions successful India was “commonplace and endemic”.Fitzgerald claimed the investigating agencies successful India had a “predisposition to torture”.In a implicit reverse of arguments utilized successful the Vijay Mallya extradition case, erstwhile the CBI was referred to arsenic a “caged parrot”, Fitzgerald, successful this case, relying connected grounds from Nirav’s erstwhile counsel successful India, Ashul Agarwal, said, “The cardinal govt cannot archer the CBI, ED and different autarkic agencies whether to interrogate oregon not — they are not parrots successful cages similar the Supreme Court said.”

Fitzgerald besides relied connected grounds from Justice Verma, a retired Supreme Court judge, who said that Delhi “cannot supply enforceable assurances connected behalf of these agencies”.Helen Malcolm KC, representing India, said New Delhi had provided a sovereign assurance that neither the CBI nor ED nor immoderate different investigating bureau would interrogate Nirav erstwhile extradited. She said the documentary grounds against him was bully capable and this was different illustration of Nirav “manipulating the judicial process”, citing however helium had erstwhile threatened to termination witnesses and destroyed evidence.Lord Justice Stuart-Smith said if the sovereign assurance was breached the “remedy would beryllium a breakdown of spot betwixt UK and India”, a look for diplomatic mayhem.“When it comes to interrogation and torture, India routinely disregards the regularisation of law,” Fitzgerald alleged. “The interior ministry cannot halt this endemic continuing arsenic determination is effectual monitoring,” Fitzgerald added. “The situation officers astatine Arthur Road Jail situation not basal up to the CBI.”Judgment was reserved.