UK High Court allows Nirav Modi to appeal on mental health grounds

Grounds 3 and 4 are related to Article 3 of the European Convention of Human Rights or the right to life, liberty and security as well as Section 91 of the United Kingdom’s Criminal Justice Act 2003 which relates to fitness to plead.

On August 9, a High Court (HC) judge in United Kingdom’s capital city London approved fugitive diamond merchant Nirav Modi’s permission to appeal against a magistrate court’s order that favoured his extradition to India to face fraud and money laundering charges before Indian courts on mental health as well as human rights grounds.

In July, Modi had cited poor conditions of Indian jails alongside an increased risk of depression that may lead to his suicide as arguments in a fresh appeal against extradition to India.


Justice Martin Chamberlain concluded that the arguments presented by the legal team of Modi regarding his severe depression and high risk of suicide were arguable at a substantial hearing.

His ruling notes stated, “At this stage, the question for me is simply whether the appellant’s case on these grounds is reasonably arguable. In my judgement, it is. I will grant permission to appeal on Grounds 3 and 4.”

Additionally, Justice Chamberlain noted that the arguments made under both grounds overlapped in the case since they are both primarily dependent on the appellant, i.e., Modi’s mental health.

He highlighted that the adequacy of the measures capable of the prevention of “successful suicide attempts” in Mumbai’s Arthur Road, where the diamond merchant is to be detained upon extradition, was also a part of the arguable ambit.