UK Court Rejects Nirav Modi's Plea to Delay Bank of India Trial Over Health Concerns
The High Court in London has firmly rejected a plea by fugitive diamond merchant Nirav Modi to delay his trial in the Bank of India unpaid loan case. Modi, aged 54, sought an adjournment citing severe vision loss, clinical depression, and challenging prison conditions. However, Judge Simon Tinkler ruled that the trial must proceed as scheduled, starting March 23, emphasizing that Modi faces no "substantial disadvantage" in the legal process.
Background of the Case
Nirav Modi is currently fighting extradition to India in connection with the estimated $2 billion Punjab National Bank (PNB) fraud and money laundering case. The separate Bank of India case involves an $8 million loan dispute, where the bank is pursuing a personal guarantee related to a loan to Dubai-incorporated Firestar Diamond FZE. Modi appeared via videolink from HMP Pentonville prison in north London for a pre-trial review, highlighting his ongoing legal battles.
Judge's Ruling and Reasoning
In his ruling, Justice Tinkler noted that Modi's application was part of a "repeated pattern of delay, non-compliance and general muddying of the case." He acknowledged Modi's difficult circumstances, including prison constraints, but stated that many litigants face similar challenges. The judge stressed that the Bank of India has been waiting for years to resolve this claim, and further delays should not be tolerated. He also dismissed Modi's late claim challenging the signing of a personal guarantee, deeming it inadmissible at this stage.
Health and Prison Conditions Cited
During the hearing, Modi's barrister, James Kinman, detailed the health issues affecting his client. Modi is reportedly suffering from a 60% vision loss and clinical depression, which impairs his ability to concentrate for sustained periods. Additionally, he recently shared a prison cell with an inmate who slept until noon, adding to his distress. Modi is housed in the education wing of the prison, where he is preoccupied with preparations for his extradition appeal, also expected in March.
Court's Response to Procedural Issues
Bank of India barrister Tom Beasley objected to what he called an "ambush application," made at the last minute without proper notice. Judge Tinkler agreed, cautioning that any further applications without material changes could be considered abuses of the court process. He also criticized the Prison Service for "wholly unsatisfactory" actions following Modi's move between two London prisons, which caused paperwork delays. However, the judge maintained that these issues did not fundamentally alter Modi's ability to defend himself.
Extradition and Broader Legal Context
Nirav Modi remains behind bars in London under an extradition warrant executed in March 2019. He has lost several appeals and bail attempts. In December last year, the High Court considered his application to reopen the extradition case on grounds of potential torture risk in India, but the hearing was adjourned after Indian authorities submitted assurances. Modi faces three sets of criminal proceedings in India, including PNB fraud, money laundering, and witness interference charges. In April 2021, then UK Home Secretary Priti Patel ordered his extradition after a prima facie case was established.
Conclusion
The court's decision underscores the judiciary's commitment to preventing unnecessary delays in long-pending cases. With the trial set to proceed, Modi will represent himself as a "Litigant in Person," serving as the "only witness of fact" alongside expert evidence from Indian law specialists. This ruling marks another setback for Modi in his complex legal saga, as he continues to navigate multiple high-stakes proceedings across borders.
