By Sam Tobin
LONDON (Reuters) -Fugitive Indian diamond magnate Nirav Modi’s bid to be released on bail pending his extradition to India was refused by a London court on Thursday, despite Modi citing potential threats to his life as a reason he would not flee Britain.
The jeweller, who fled India in 2018 before details of his alleged involvement in large-scale fraud at the Punjab National Bank became public, has been in custody since March 2019.
Modi, 55, vehemently denies any wrongdoing, his lawyer says. His appeal against a decision to extradite him to India was refused by London’s High Court in November 2022 and his bid to take his case to the UK Supreme Court was also rejected.
Modi’s lawyer Edward Fitzgerald told the High Court on Thursday that, while the extradition case was technically at an end, Modi could not be surrendered to the Indian authorities.
“There are confidential legal reasons why (Modi) cannot be extradited,” Fitzgerald said, without elaborating.
Nicholas Hearn, a lawyer representing the Indian authorities, argued that Modi should not be granted bail as he might attempt to escape – referring to Modi’s previous bid for citizenship of Vanuatu – or interfere with witnesses.
Fitzgerald argued, however, that Modi would not flee Britain out of fear of the Indian government, citing alleged recent plots to target Sikh activists in the United States and Canada. India has denied it was involved in any such plots.
He also referred to India’s apparent help in taking Dubai ruler Sheikh Mohammed bin Rashid al-Maktoum’s daughter Sheikha Latifa back to Dubai in 2018.
“The reach of the Indian government for extrajudicial reprisals is practically limitless,” Fitzgerald said. “The idea that he could go to Vanuatu … and there be safe from the Indian government is utterly ridiculous.
“They would either send a hit squad to get him or they would kidnap him or they would lean on the government to deport him.”
The Indian High Commission in London did not immediately respond to a request for comment.
Judge Michael Fordham refused Modi’s application for bail, saying that “there are substantial grounds for believing that if released by me on bail … (Modi) would fail to surrender”.
Modi faces two linked criminal cases in India, a massive fraud at the Punjab National Bank and the alleged laundering of the proceeds.
Separately, Modi’s uncle Mehul Choksi was last month arrested in Belgium over his alleged role in the Punjab National Bank fraud. Choksi denies any wrongdoing.
(Reporting by Sam Tobin; additional reporting by Muvija M; Editing by Andrew Heavens, William Maclean)
