London: High Court Judge London Fugitive diamond trader was approved on Monday Nirav Modi Permission to appeal against a magisterial court order in favor of extradition to India to face charges of fraud and money laundering before Indian courts on mental health and human rights grounds.
Justice Martin Chamberlain Delivered its ruling remotely under COVID-19 rules to conclude that the arguments presented by the 50-year-old diamond trader’s legal team regarding his “severe depression” and “high risk of suicide” were debatable in an adequate hearing .
He also noted that the adequacy of measures capable of preventing “successful suicide attempts” at Arthur Road Jail in Mumbai, where Nirav Modi is to be detained on extradition, also comes under debate.
“At this stage, the question for me is simply whether the appellant’s case is reasonably debatable on these grounds. In my judgment, it is. I will allow the appeal on Grounds 3 and 4,” Justice Chamberlain’s ruling Note. Bases 3 and 4 pertain to Article 3 or the Right to Life, Liberty and Security and Section 91 of the European Convention on Human Rights (ECHR). UKCriminal Justice Act 2003 relating to fitness to appeal.
The judge observed that the arguments made under both the grounds overlap in this case as they both primarily depend on the mental health of the appellant Nirav Modi.
“I will not restrict the grounds on which those grounds can be argued, although it seems to me that special consideration should be given to whether the judge had done wrong in arriving at his conclusion, with regard to the seriousness of the appellant. given the evidence [Nirav Modi’s] depression, high risk of suicide and the adequacy of any measure capable of preventing successful suicide attempts at Arthur Road Prison,” the ruling notes.
Justice Martin Chamberlain Delivered its ruling remotely under COVID-19 rules to conclude that the arguments presented by the 50-year-old diamond trader’s legal team regarding his “severe depression” and “high risk of suicide” were debatable in an adequate hearing .
He also noted that the adequacy of measures capable of preventing “successful suicide attempts” at Arthur Road Jail in Mumbai, where Nirav Modi is to be detained on extradition, also comes under debate.
“At this stage, the question for me is simply whether the appellant’s case is reasonably debatable on these grounds. In my judgment, it is. I will allow the appeal on Grounds 3 and 4,” Justice Chamberlain’s ruling Note. Bases 3 and 4 pertain to Article 3 or the Right to Life, Liberty and Security and Section 91 of the European Convention on Human Rights (ECHR). UKCriminal Justice Act 2003 relating to fitness to appeal.
The judge observed that the arguments made under both the grounds overlap in this case as they both primarily depend on the mental health of the appellant Nirav Modi.
“I will not restrict the grounds on which those grounds can be argued, although it seems to me that special consideration should be given to whether the judge had done wrong in arriving at his conclusion, with regard to the seriousness of the appellant. given the evidence [Nirav Modi’s] depression, high risk of suicide and the adequacy of any measure capable of preventing successful suicide attempts at Arthur Road Prison,” the ruling notes.
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