In a significant development concerning the extradition of fugitive diamantaire Nirav Modi, Justice (retired) Deepak Verma, a former Supreme Court judge, has submitted an expert opinion on Modi’s behalf. This opinion has been used by Modi to request a reopening of his extradition proceedings in London. Sources indicate that Verma’s testimony supports Modi’s claims that he might face interrogation by multiple agencies and would not receive a fair trial if extradited to India.
This is not the first time Justice Verma has acted as an expert witness in a high-profile extradition case involving an Indian businessman. He previously provided testimony for Vijay Mallya in a bankruptcy case in London, which was filed by Indian banks. Mallya ultimately lost this case.
An officer familiar with the matter commented that the expert witness has cast doubts on India’s jail conditions and judicial system to bolster Modi’s case. Justice Verma, when approached for comment, declined to provide any statement, citing the ongoing nature of the matter.
Nirav Modi’s request to reopen his extradition proceedings was reportedly accepted by a Westminster court in August, with a hearing scheduled for November 23. The Indian government, seeking to dismiss this plea at the outset, has issued a letter of assurance to the UK, essentially a sovereign guarantee. This assurance states that Modi will only face trial in India upon extradition and will not be subjected to interrogation or custody by any other agency.
India maintains that the finality of Nirav Modi’s extradition has already been established. Another official expressed the government’s intention to “vehemently oppose the expert testimony,” characterizing it as a “last-minute attempt” by Modi to evade justice due to a lack of viable legal options.
Nirav Modi, accused of defrauding Punjab National Bank (PNB) of approximately ₹6,498 crore as part of a larger fraud totaling ₹13,578 crore, has been incarcerated in London’s Wandsworth Prison since March 19, 2019. He was arrested following India’s extradition request. His extradition was ordered by a Westminster magistrate in February 2021 and upheld by the UK High Court in November 2022, effectively exhausting his legal avenues in the UK.
It is worth noting that during previous extradition proceedings, Modi had also presented expert evidence from Justice Markandey Katju (a retired SC judge), which was deemed “not reliable” by the district judge. The judge criticized Katju’s opinion as less than objective and potentially influenced by personal biases.
Nirav Modi was formally declared a fugitive economic offender under the FEO Act, 2018. Indian investigative agencies have attached assets worth ₹2,598 crore under the Prevention of Money Laundering Act (PMLA) and have recovered ₹981 crore for the defrauded banks. Furthermore, efforts are underway to transfer overseas assets valued at ₹130 crore linked to Modi back to India through legal proceedings in the UK.
In related news, Nirav Modi’s uncle and co-accused in the PNB fraud, Mehul Choksi, recently had his extradition ordered by an Antwerp court of appeals. The Belgian court ruled against Choksi’s claims of a “political trial” or risks of torture and denial of justice in India, also dismissing his assertion of being kidnapped in Antigua and Barbuda.