Nirav Modi's Imminent Return to India: Final Legal Hurdle Cleared
The UK High Court has dismissed Nirav Modi's final legal challenge against extradition to India, paving the way for his return to face trial for the Rs13,000 crore Punjab National Bank fraud.
Nirav ModiExtraditionUk High CourtPunjab National Bank FraudHuman RightsReal EstateJun 01, 2025
The UK High Court on 17 May 2025 ruled that the extradition of fugitive diamond merchant Nirav Modi to India would not violate his human rights. This decision, handed down by Justice Victoria Sharp, President of the King’s Bench Division, dismissed Modi’s appeal, which had raised concerns about the risk of suicide, the adequacy of prison conditions in India, and the fairness of judicial proceedings he would face upon return.
Nirav Modi’s legal team contended that his mental health—specifically, recurrent depressive disorder and suicidal ideation—would make extradition oppressive under Article 3 of the European Convention on Human Rights. They also argued under Article 6 that Nirav Modi would not receive a fair trial in India, claiming prosecutorial overreach and political interference. The appeal emphasized his deteriorating mental condition, submitting expert psychiatric reports that predicted a “high risk of suicide” if extradited. His lawyers challenged the adequacy of suicide prevention measures at Mumbai’s Arthur Road Jail and claimed that Indian authorities had failed to provide concrete safeguards that would meet UK standards. They further contended that the Indian criminal justice system lacked sufficient procedural protections to guarantee a fair trial.
These arguments were forcefully rebutted by the Crown Prosecution Service (CPS) acting on behalf of the Indian government. The CPS submitted that Nirav Modi’s suicide risk, while real, did not meet the legal threshold of oppression as established in jurisprudence such as Turner v USA and Babar Ahmad v UK. They relied on expert evidence from Indian authorities, which detailed the prison infrastructure, medical oversight, and specific suicide prevention arrangements in place for the prisoner in Barrack No. 12 of Arthur Road Jail.
The CPS stressed that the Indian government had furnished reliable and precise diplomatic assurances regarding the availability of psychiatric care, constant surveillance, and the possibility of specialist interventions as necessary. On the question of fair trial, the Crown maintained that India’s judicial system functioned independently, and that Modi would be tried under full public scrutiny with the opportunity to mount a vigorous defence. They highlighted that Indian courts had already provided co-accused parties with detailed and impartial rulings in the same case.
In her judgment, Justice Sharp accepted that Nirav Modi “has a mental illness” and that “he is at risk of committing suicide,” but concluded that the risk did not reach the threshold required to prohibit extradition. She wrote: “There is nothing in the fresh evidence or submissions that causes me to depart from the conclusion that the suicide risk is manageable, with the preventive steps outlined by the Indian authorities.” On the adequacy of custodial safeguards, she found that “the arrangements described are sufficient and credible,” and that “Barrack No. 12 of Arthur Road Jail, while not perfect, meets the minimum standards required under Article 3.” Regarding the broader claim under Article 6, the judge held: “There is no evidence to support a finding that the appellant will suffer a flagrant denial of justice.” She emphasized that the Indian judiciary was “constitutionally independent and robust,” and concluded that the claims of political targeting or procedural abuse lacked evidentiary foundation. Citing previous rulings, she reiterated that “extradition is a process grounded in mutual trust between democratic nations with well-developed legal systems.”
Justice Sharp’s ruling removes the final legal obstacle to Modi’s extradition. The matter now returns to the UK Home Office, which is expected to notify the Indian authorities formally and coordinate the logistical execution of his handover. Nirav Modi, who has been held at Wandsworth Prison since his arrest in 2019, now faces near-certain return to India, where he is wanted for orchestrating the Rs13,000 crore Punjab National Bank fraud and faces multiple charges under the Indian Penal Code, Prevention of Corruption Act, and Prevention of Money Laundering Act.
This ruling comes two days after a separate judgement on 15 May 2025 by Justice Michael Fordham of High Court of Justice, King’s Bench Division, Administrative Court in which Modi was denied bail for the tenth time since his arrest. That judgment found there were “substantial grounds” to believe Modi would abscond if released, citing the existence of large untraced funds and past efforts to obstruct justice. Importantly, Justice Fordham also acknowledged the presence of a “confidential impediment” to immediate extradition—known only to Modi’s legal team and the UK Home Office—though this was not elaborated upon in court.
The legal arguments presented by Modi mirrored those raised earlier this year by arms dealer Sanjay Bhandari, whose extradition to India was blocked by the same High Court on 28 February 2025. Like Modi, Bhandari too had argued that his extradition would violate Articles 3 and 6 of the ECHR, citing poor prison conditions and unfair legal procedures under the PMLA and the Black Money Act. Both men are being prosecuted under the Prevention of Money Laundering Act, and in both cases, India provided detailed diplomatic assurances regarding jail conditions and procedural fairness.
However, while the court in Modi’s case found these assurances sufficient, it took the opposite view in Bhandari’s, concluding that India had failed to credibly mitigate the “real risk” of violence and systemic mistreatment in Tihar Jail. In its ruling, the court referred to the May 2023 murder of inmate Tillu Tajpuriya inside Tihar, captured on video, as evidence that Indian prison authorities could not be relied upon to protect detainees, especially those perceived to be wealthy or high-profile.
As The Sunday Guardian had reported in March while covering the Bhandari case, legal experts had cautioned that the UK court’s reasoning—particularly on Article 3 and India’s prison infrastructure—would set a precedent likely to be invoked by other economic offenders resisting extradition. That forecast materialised in Nirav Modi’s final appeal, where similar arguments were deployed. However, unlike in Bhandari’s case, the court in Modi’s matter drew a clear distinction between systemic institutional failure and individual medical vulnerability—ultimately ruling that the latter was adequately addressed by Indian assurances.
Frequently Asked Questions
Why was Nirav Modi in UK custody?
Nirav Modi was in UK custody since his arrest in 2019 for his alleged involvement in the Rs13,000 crore Punjab National Bank fraud. He has been held at Wandsworth Prison while fighting extradition to India.
What were the main arguments in Nirav Modi's appeal against extradition?
Nirav Modi’s legal team argued that his mental health issues and the risk of suicide made extradition oppressive under Article 3 of the European Convention on Human Rights. They also claimed that he would not receive a fair trial in India under Article 6.
What did the UK High Court decide in Nirav Modi's case?
The UK High Court ruled that Nirav Modi’s extradition to India would not violate his human rights. The court found that the suicide risk was manageable and that the Indian judicial system was robust and independent.
What is the next step in Nirav Modi's extradition process?
The matter now returns to the UK Home Office, which will notify the Indian authorities and coordinate the logistical execution of his handover to India.
What is the significance of the UK court's ruling in Nirav Modi's case?
The ruling sets a precedent for future extradition cases, particularly in distinguishing between systemic institutional failures and individual medical vulnerabilities.
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