Markandey Katju mentioned Nirav Modi has been made a “handy scapegoat”. (FILE)
London:
Retired Supreme Courtroom decide Markandey Katju was challenged as a “self-publicist” on behalf of the Indian authorities on Friday as he gave proof within the extradition case of fugitive diamond service provider Nirav Modi through a stay videolink from India at Westminster Magistrates’ Courtroom in London.
On the ultimate day of a five-day listening to, Justice Samuel Goozee heard Mr Katju’s detailed proof earlier than adjourning the case till November 3, when he’ll hear arguments on the admissibility of the proof supplied by the Indian authorities on the fees of fraud and cash laundering towards the diamond service provider within the USD 2-billion Punjab Nationwide Financial institution (PNB) rip-off case.
The UK’s Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, sought to counter Mr Katju’s written and oral claims that Nirav Modi wouldn’t obtain a good trial in India as a result of a majority of the judiciary was corrupt and the investigating businesses subservient to the federal government.
“Is it no less than potential, you’re one thing of a self-publicist who will make any outrageous statements for the aim of courting the press,” questioned barrister Helen Malcolm, to which Mr Katju replied “you’re entitled to your opinion”.
Malcolm additionally queried his choice to present media interviews in India earlier this week associated to the proof he was to present earlier than the UK courtroom in a sub judice matter, to which the previous Supreme Courtroom decide mentioned that he merely responded to reporters’ questions and that it was his obligation to talk out on issues of “nationwide significance”.
Throughout what grew to become a fairly a fiery change in courtroom at occasions, a few of his previous controversial statements have been additionally learn out in courtroom, in reference to homosexual relationships being “unnatural” and girls who stay single being “liable to psychological issues”.
Mr Katju countered by stating that he was entitled to his opinion and that he had quoted from Irish playwright George Bernard Shaw’s ‘Man and Superman”, which Malcolm “as a Britisher” ought to have learn.
The previous decide had been deposed by Nirav Modi’s defence group with a view to substantiate their claims that the jeweller faces an unfair and biased trial if extradited to India.
Mr Katju additionally repeatedly made comparisons between India and Germany below the Nazi regime, saying Nirav Modi has been made a “handy scapegoat” akin to the Jews in Nazi Germany with a view to be blamed for the financial disaster within the nation.
Requested by the if the diamantaire’s personal alleged dishonest actions might be in charge, he mentioned: “I’m not making any statements on the deserves of this case. I’m merely saying that he can not get a good trial… all ministers and media have pronounced him responsible.”
His assertion that post-retirement appointments have been among the many inducements which led to corruption amongst judges introduced his personal appointment because the Chairman of the Press Council of India following his retirement into focus, which he pressured was not a authorities appointment.
“So, the three-member appointment committee – composed of the Speaker of the Decrease Home, Chairman of the Higher Home (Vice-President of India) and a Press Council member – are fully apolitical and nothing to do with the federal government,” queried Malcolm.
The listening to on Thursday concluded the majority of the oral proof within the extradition case, which was noticed by Nirav Modi through videolink from a room in Wandsworth Jail in London – the place he has been lodged since his arrest in March final yr.
The primary set of hearings within the case passed off in Might, with the hearings this week slotted to finish arguments to determine the 49-year-old jeweller has a case to reply earlier than the Indian courts.
The defence group, led by barrister Clare Montgomery, has sought to not solely set up that Mr Modi’s actions associated to PNB-issued Letters of Endeavor (LoUs) didn’t quantity to fraud but additionally deposed witnesses to focus on his fragile psychological well being situation and a excessive threat of suicide.
They’ve additionally claimed that the circumstances at Barrack 12 in Arthur Highway Jail in Mumbai, the place he’s to be lodged on being extradited, don’t meet the courtroom’s human rights standards.
The has set out the Central Bureau of Investigation’s (CBI) case of fraud and the Enforcement Directorate’s (ED) case of the laundering of these fraudulently acquired funds.
It has additionally performed movies within the courtroom in assist of extra prices of disrupting the CBI’s investigation by inflicting the disappearance of proof and felony intimidation of witnesses.
Assurances of satisfactory jail circumstances have been supplied by the Indian authorities, which have been additional added to this week with an assurance of applicable psychological well being take care of Mr Modi on being extradited.
A listening to for closing submissions within the case is presently slated for December 1 however that date is prone to be delayed, with a ruling within the case not anticipated earlier than the tip of this yr or early subsequent yr.
