New Delhi: A joint team from India’s Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) is scheduled to travel to London next week to participate in the first hearing of Nirav Modi’s appeal against his extradition to India. The development comes as the fugitive diamantaire seeks to reopen his extradition case, claiming that he risks torture if sent back to India—a contention that the Indian agencies contend is misleading.

Officials familiar with the matter said the Indian team will assist the Crown Prosecution Service (CPS) in presenting evidence to counter Modi’s claims. The agencies will also highlight his history of filing repeated, frivolous appeals to delay extradition, despite the UK courts having cleared his extradition earlier. According to sources, Modi’s bail applications have been rejected at least ten times in prior proceedings.

A Westminster court admitted Modi’s latest plea to revisit his extradition case in August this year. Modi, who has been jailed in London, argued that if extradited, he would be subjected to interrogation by multiple Indian agencies and could face torture during these proceedings. To address these concerns, the Indian government has sent a formal letter of assurance to the UK authorities, guaranteeing that, in the event of extradition, Modi “will only face trial” in India and “will not be interrogated or taken into custody by any agency” outside the judicial process.

An officer familiar with the development said, “A joint team of CBI and ED is travelling to London on December 14 to assist the Crown Prosecution Service in presenting evidence against Nirav Modi. The team will argue that his claims of torture, which form the basis of his attempt to reopen the extradition trial, are deceptive.” The first hearing in this matter is expected to take place on December 16.

Nirav Modi is accused of defrauding Punjab National Bank (PNB) of ₹6,498 crore, part of a total ₹13,578 crore scam, with approximately ₹7,000 crore linked to his uncle, Mehul Choksi. Modi has been lodged at Wandsworth Prison, on the outskirts of London, since his arrest by Scotland Yard on March 19, 2019, following India’s extradition request.

The extradition process has a long and complex history. On February 25, 2021, a district judge at Westminster Magistrates’ Court ordered Modi’s extradition to India. The decision was upheld by the UK High Court on November 9, 2022, which also rejected his plea to appeal to the UK Supreme Court, effectively exhausting his legal options.

A second officer involved in the matter noted that Modi has made similar claims in the past to evade extradition. Over the past three to four years, his bail applications have been consistently rejected on at least ten occasions. “For instance, he attempted to mislead UK courts by claiming he would rent an apartment in London or obtain a job to demonstrate that he would not flee Britain, or that he could be kept under house arrest. These claims were successfully contested by Indian agencies,” the officer said.

Sources emphasized that the latest plea to reopen the extradition proceedings is another attempt by Modi to delay his repatriation to India. HT had previously reported on September 19 that Modi’s request to revisit the extradition case was admitted by a London court. Legal experts, including former Supreme Court Justice (retired) Deepak Verma, have provided opinions on Modi’s behalf to support his claims.

The Indian government has also informed UK authorities that, upon extradition, Modi would be housed in Arthur Road Prison in Mumbai, which is equipped with suitable living conditions for inmates. Modi was declared a fugitive economic offender under the Fugitive Economic Offenders (FEO) Act, 2018. The Enforcement Directorate has attached assets worth ₹2,598 crore under the Prevention of Money Laundering Act (PMLA), and approximately ₹981 crore has been restored to victim banks.

Officials emphasized that the forthcoming hearing will be critical in addressing Modi’s claims and reinforcing the credibility of India’s assurances to the UK authorities. “The Indian agencies will ensure that the Crown Prosecution Service has all the evidence necessary to demonstrate that Nirav Modi’s claims of potential torture are unsubstantiated,” said a senior source.

This hearing represents a significant step in India’s efforts to secure the repatriation of one of the country’s most high-profile economic fugitives. With multiple legal avenues in the UK already exhausted, the upcoming proceedings are expected to focus primarily on the veracity of Modi’s claims regarding the treatment he would face if returned to India.

The case has drawn widespread public and media attention, reflecting the scale and complexity of the financial fraud involved. The Punjab National Bank scam, along with the related Mehul Choksi case, has highlighted weaknesses in financial oversight and regulatory mechanisms, prompting the government to pursue stronger measures for detecting and prosecuting large-scale economic offences.

The joint CBI-ED team will include senior investigators with direct experience in handling high-value financial fraud and extradition proceedings. Their role will be to present detailed evidence, including documents and legal arguments, to the CPS and the UK court to ensure that Modi’s claims are objectively examined and dismissed if found baseless.

Authorities in India have repeatedly stressed that the assurances provided to the UK government are sovereign guarantees, designed to address any concerns regarding Modi’s treatment post-extradition. Legal experts say that such assurances are standard in extradition proceedings involving complex economic crimes and are aimed at facilitating a fair trial while ensuring the accused’s fundamental rights are respected.

Nirav Modi’s extradition case has been a landmark in India-UK judicial cooperation on economic offences. The case underscores India’s commitment to holding fugitives accountable and recovering assets obtained through fraudulent means. It also sets a precedent for future cases involving high-profile financial crimes, emphasizing the importance of rigorous investigation and international legal coordination.

With the hearing scheduled for mid-December, all eyes are on London as the legal teams from India prepare to make their case. The outcome will determine the next steps in Modi’s extradition, potentially concluding a protracted legal battle that has spanned more than six years since his arrest in the UK.

---