India is considering providing a "no arrest" pledge to the United Kingdom to facilitate the extradition of fugitive diamantaire Nirav Modi, a key accused in the Punjab National Bank (PNB) fraud case. This assurance aims to allay concerns raised by Modi regarding potential mistreatment and interrogation by Indian agencies if he is returned to India.
Nirav Modi, who is accused of defrauding PNB of over ₹6,498 crore through fraudulent letters of undertaking, has been fighting extradition from the UK since his arrest in London on March 19, 2019. He has exhausted all his legal appeals in the UK, up to the Supreme Court. In April 2021, the UK Home Secretary had cleared his extradition. However, Modi recently filed a plea before the Westminster Court to reopen his extradition trial, arguing that he could face interrogation and potential torture by multiple agencies if extradited. The court is scheduled to hear the petition on November 23.
To address these concerns and bolster the extradition efforts, Indian agencies are preparing to assure the UK court that Modi will only face trial for the existing charges against him and will not be subjected to fresh interrogation or arrests. This commitment would be a "sovereign guarantee" from India, submitted to the court through the Crown Prosecution Service (CPS). It would act as a blanket protection from arrest on any new case and ensure he will only face trial in the pending cases of money laundering and corruption. The agencies involved, including the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), and the Income Tax and Customs departments, are reportedly in agreement on this approach.
Indian officials are optimistic that this assurance will lead to the dismissal of Modi's plea to reopen the extradition proceedings. They emphasize that chargesheets have already been filed in the case, and his questioning is not currently required. The focus is on bringing him back to India to face trial.
Furthermore, India has provided assurances regarding the conditions of Modi's detention upon extradition. He would be lodged in barrack 12 of the Arthur Road Jail in Mumbai, which has medical facilities and no risk of overcrowding, violence, or mistreatment. The UK's Crown Prosecution Service has previously visited Tihar Jail to assess the facilities available for extradited fugitives, a step deemed necessary after past extradition requests were rejected due to concerns about jail conditions.
Nirav Modi and his uncle, Mehul Choksi, are the main accused in the PNB scam, which involved allegedly siphoning off over ₹6,498 crore through fraudulent Letters of Undertaking issued from the bank's Mumbai branch. Modi's assets worth ₹2,598 crore have been attached by the ED under the Prevention of Money Laundering Act (PMLA), and ₹981 crore has been restored to victim banks.
This strategy of providing assurances has been employed in the past. India had given similar assurances to Belgium in the Mehul Choksi case, guaranteeing humane conditions and no solitary confinement upon extradition. The extradition of Nirav Modi remains a high priority for India.
