Handing down his judgment in the Nirav Modi extradition case at Westminster Magistrates’ Court in London on Thursday, District Judge Samuel Goozee ruled that the diamond merchant, wanted in India in the Rs 14,000 crore Punjab National Bank (PNB) scam, does have a case to answer before the Indian courts.

The 49-year-old, lodged in Wandsworth Prison in south-west London since March 19, 2019, after a request from CBI and ED, appeared via video link.

Judge Goozee said, "I am satisfied on the evidence that a prima facie case of fraud and money laundering is established." After reading out parts of his judgment in the court, he concluded that he would send his ruling to the UK Secretary of State, Priti Patel.

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"Nirav Modi can challenge this verdict in the appeals court on a point of law," the extradition judge said. Dismissing arguments of poor prison conditions in India, the judge added that Barrack 12 at Arthur Road Jail in Mumbai was fit for Modi.

On "mental health concerns" cited by Modi, the judge said these were not unusual in a man in his circumstances. Modi conspired to destroy evidence and intimidate witnesses and he won’t be denied justice if he is extradited to India, the UK judge ruled.

He added that submissions from Modi conflict with his statements.

The UK judge said the manner in which letters of understanding (LoUs) were obtained concludes that “Modi and Co” were operating fraudulently. He also added that he was satisfied that there is evidence and Modi could be convicted.

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The judge said he agreed with the Crown Prosecution Service that Modi tried to show post facto that he was sorting out the LoU issue with the bank and that his link with bank officials had been established.

The judge also said that he didn’t "accept that Nirav was involved in a legitimate business". He said he didn’t find any genuine transaction and believed that there was a "process of dishonesty". The firms were “shadow companies” operated by Modi, added the judge.

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Within 14 days after the home secretary’s decision, Modi can approach the High Court and seek leave to appeal.

(Edited by : Jomy)

First Published:Feb 25, 2021 7:42 PM IST