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Current Affairs

Mental health appeal

Date: 16 August 2021 Tags: Miscellaneous

Issue

Nirav Modi has filed an appeal against his extradition from UK to India on the grounds of mental health and human rights.

 

Background

Nirav Modi is an absconding diamond merchant who is main accused in PNB scam that shook the foundations of banking system in India.

 

Details

  • European courts will look at the case in another angle, which is based on European convention of human rights.

  • The court in UK is bound to consider this aspect too while making decisions. It will not solely look on rule of law.

  • The legal team of Nirav Modi has cited his “severe depression” as a reason for having a “high suicidal tendency” in case of extradition.

  • The team also cited the Covid-19 protocols for the degradation of Modi’s mental health during his imprisonment.

  • The court has granted permission for Modi to fight the case on the grounds 3 and 4 of Article 3 of European Convention of Human Rights (ECHR). This gives him the right to life, security and liberty.

 

UK’s Criminal Justice Act 2003

  • The section 91 of UK’s Criminal Justice Act 2003 makes it mandatory to consider mental and physical condition of the accused before extraditing him/her.

  • If the court is satisfied that mental and physical conditions are not proper, they can either release them or adjourn and wait for their condition to improve.

 

European Convention of Human Rights (ECHR)

Article 3 of European Convention of Human Rights (ECHR) will protect a detainee from getting extradited if the court believes that the individual will face torture and inhuman treatment in third country.

 

Nirav Modi’s arguments

Nirav Modi argues that he will not receive a fair trial in India due to press and social media pressure. Apart from that he will be facing poor treatment in Indian prisons.

 

Accusations against Nirav Modi

Nirav Modi is said to have carried out fraudulent transactions worth Rs 13,600 crore from Punjab National Bank by getting hold of fake Letters of Undertaking (LoUs).