After Six Years in UK Jail, Nirav Modi's Return to India Is Imminent

The matter returns to the UK Home Office, which is expected to notify the Indian authorities formally and coordinate the logistical execution of his handover.

- ABHINANDAN MISHRA

Fugitive diamond merchant Nirav Modi has lost his final legal challenge against extradition to India, with the UK High Court on 17 May 2025 ruling that his removal to face trial in India would not violate his human rights. The decision, handed down by Justice Victoria Sharp, President of the King's Bench Division, dismissed Nirav Modi's appeal, which had raised concerns about the risk of suicide, the adequacy of prison conditions in India, and the fairness of judicial proceedings he would face upon return.

Nirav Modi's legal team contended that his mental health—specifically, recurrent depressive disorder and suicidal ideation—would make extradition oppressive under Article 3 of the European Convention on Human Rights. They also argued under Article 6 that Nirav Modi would not receive a fair trial in India, claiming prosecutorial overreach and political interference. The appeal emphasized his deteriorating mental condition, submitting expert psychiatric reports that predicted a "high risk of suicide" if extradited. His lawyers challenged the adequacy of suicide prevention measures at Mumbai's Arthur Road Jail and claimed that Indian authorities had failed to provide concrete safeguards that would meet UK standards. They further contended that the Indian criminal justice system lacked sufficient procedural protections to guarantee a fair trial.

These arguments were forcefully rebutted by the Crown Prosecution Service (CPS) acting on behalf of the Indian government.

The CPS submitted that Nirav Modi's suicide risk, while real, did not meet the legal threshold of oppression as established in jurisprudence such as Turner v USA and Babar Ahmad v UK. They relied on expert evidence from Indian authorities, which detailed the prison infrastructure, medical oversight, and specific suicide prevention arrangements in place for the prisoner in Barrack No. 12 of Arthur Road Jail.