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Long time before Nirav Modi is extradited: Top UK law expert
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SME Times News Bureau | 21 Mar, 2019
It could probably be a long time before absconding Mumbai diamantaire
Nirav Modi - who was arrested by the London Police on Wednesdy - would
actually face the extradition process initiated by the Indian
government, a top British law expert said on Wednesday.
Modi was
held after a UK court executed an arrest warrant issued against him by
the Westminster Court on March 13, which was described as "a major
victory" by India.
Last week, Indians were stunned to see a
carefree Modi, sporting an Ostrich leather jacket, strutting around in
London without worries as Indian agencies moved heaven and earth to
trace his whereabouts.
The news of the arrest sent ripples of
excitement through the ruling Bharatiya Janata Party (BJP) which dared
the opposition Congress to question the developments, at the height of
the 2019 parliamentary elections.
Sarosh Zaiwalla, Founder-Senior
Partner at Zaiwalla & Co. LLP, UK said that issuing the arrest
warrant is a first step of the legal process to extradite Modi - among
the prime accused along with his uncle Mehul Choksi and others - in the
2018 Rs.13,500-crore Punjab National Bank (PNB) scam.
"The arrest
warrant clearly implies that the court is satisfied that there are
reasonable grounds for believing that the conduct described in the
request is an aextradition offence. However, as per protocol, Scotland
Yard will not address extradition requests until and unless the accused
(Modi) has been arrested/presented before the court," Zaiwalla said.
There
is also a time-frame attacked to a warrant - as they do not last
forever. So the UK police have upto three months arrest a person - in
this case, Modi - after the warrant is issued, the legal luminary told
IANS in a brief analysis of the scenario shortly after Modi's arrest.
Comparing
this with another high-profile case of Indian fugitive liquor baron,
Vijay Mallya, Zaiwalla said that he (Mallya) was arrested and bailed out
nearly two months later, when his extradition hearings began.
"Nirav
Modi will be subjected to a re-run of the Mallya case proceedings,
starting from being directed to Westminister Magistrate, taken into
provisional custody, applying for bail and the then the court will hear
his plea," the 71-year old Mumbai-born lawyer said.
After the
court rules for Modi's extradition, the British Home Secretary would be
expected to once again sign the order for compliance. At this stage,
complications could arise only if Modi has already acquired the
citizenship of any European country or other international citizenship,
Zaiwalla explained.
However, it would not matter if Modi remains
on UK soil, but there could be delays with a long legal battle ahead
subject to various international and extraterritorial legalities
involved, cautioned Zaiwalla.
Incidentally, Mehul Choksi has
already acquired the citizenship of Antigua & Barbados, as reported
by IANS (Jan. 21) and he had surrendered his Indian passport to India's
High Commission in Guyana.
Zaiwalla said it would be interesting
to see if Nirav Modi has applied for asylum in UK, then the extradition
proceedings are unlikely to begin until that (asylum) application is
rejected.
"A person who applies for asylum in the UK is given
'interim asylum' and his status as a legal resident of UK remains until
his application is finally determined and he is given asylum or
rejected," said Zaiwalla.
Founded in 1982, Zaiwalla & Co. LLP
is Asia's first law firm firm in London and has fought over 1,200
international litigations and arbitrations with clientele ranging from
various governments in the world to top global celebrities and political
personalities.
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