UK Court orders Nirav Modi’s extradition: What’s next?

A UK court ruled on Thursday that Nirav Modi does have a case to answer before the Indian courts in relation to the $2-billion Punjab National Bank (PNB) scam case. This clears the legal pathway for India to extradite the diamantaire.

There are still a few steps before Modi can be taken out of the Wandsworth Prison in London to a jail in India and face trial.

What comes next in this case? Here are the details:

-The order of the Westminster Magistrates’ Court will now make its way to British Home Secretary Priti Patel for a sign-off.

-Once Patel reveals her decision, Nirav Modi can challenge the order in the UK high court within 2 weeks.

Read | Nirav Modi extradition: Now for UK minister Priti Patel to sign off

-Any kind of appeal granted to Modi will be heard at the administrative division of the London High Court.

-It is expected that Priti Patel will clear the extradition as it is uncommon for the Home Secretary to go against court orders.

-If he is extradited, Modi will be held at Barrack No 12 at the Arthur Road jail in Mumbai.

Extradition to India

India is a designated Part 2 country by virtue of the Extradition Act 2003, which means it is the Cabinet minister who has the authority to order a requested person's extradition after considering a number of further issues.

Under the provisions of the act, the Secretary of State must consider the possible imposition of the death penalty, in which case extradition cannot be ordered; the rule of specialty, which prohibits a person being dealt with in the requesting State for matters other than those referenced in the extradition request; and whether or not the person was in the UK following extradition from another State, in which case that states permission must be obtained before extraditing to a third state.

If these factors do not prevent extradition, the minister must order extradition within two months of the day on which the District Judge referred his decision to the Secretary of State, in this case by the end of April.