Nirav Modi Case Takes a Global Turn: Delhi HC Steps In After UK Court’s Unusual Request

Nirav Modi case: Delhi HC acts on UK court’s request; seeks govt help

Introduction

The sprawling legal saga of fugitive diamantaire Nirav Modi has just entered a new, internationally coordinated phase. In an unusual move that underscores the global complexity of white-collar crime, a UK court has formally requested assistance from the Delhi High Court in gathering evidence related to the ₹13,500 crore Punjab National Bank (PNB) fraud. The Delhi HC has now directed the Indian government to facilitate this request—a development that could significantly impact both the UK’s criminal proceedings against Modi and India’s long-standing efforts to bring him home. This isn’t just another courtroom update; it’s a pivotal moment in the Nirav Modi case that reveals how deeply intertwined international justice systems have become.

Table of Contents

What Did the UK Court Request?

The UK’s Westminster Magistrates’ Court, which is handling the criminal prosecution of Nirav Modi for fraud and money laundering, has sought specific evidentiary material from India under the Letters of Request (LoR) mechanism—a formal channel for cross-border judicial cooperation .

While the exact nature of the requested documents remains confidential, legal experts believe they likely include:

  • Original bank records and SWIFT messages from PNB’s Brady House branch in Mumbai.
  • Forensic audit reports by agencies like the CBI and Enforcement Directorate (ED).
  • Statements or depositions from key Indian witnesses, including former PNB officials.
  • Details of asset seizures and money trail investigations conducted in India.

This evidence is crucial for the UK prosecution to build a watertight case, especially as Modi continues to challenge his extradition and assert his innocence in British courts.

Why the Delhi High Court Is Involved

Under India’s Code of Criminal Procedure (CrPC) and the Reciprocal Arrangements for Service of Summons and Judicial Documents Act, foreign judicial requests must be processed through designated Indian courts. Since the alleged fraud originated in Delhi (where PNB’s corporate office and several investigative agencies are headquartered), the Delhi High Court is the appropriate authority to oversee compliance .

The court has now issued directions to the Ministry of Home Affairs (MHA) and the Central Bureau of Investigation (CBI) to compile and verify the requested materials within a stipulated timeframe. This ensures that any evidence sent to the UK meets both Indian legal standards and international admissibility rules.

The PNB Fraud: A Quick Recap

For context, the Nirav Modi case stems from a massive banking scam uncovered in early 2018. Along with his uncle Mehul Choksi, Modi allegedly conspired with rogue PNB employees to obtain fraudulent Letters of Undertaking (LoUs)—essentially bank guarantees—worth over ₹13,500 crore ($1.8 billion at the time) without collateral or proper documentation .

These LoUs were used to secure overseas credit from foreign branches of Indian banks, allowing Modi’s firms to import diamonds and jewelry on credit. When the scheme collapsed, PNB was left holding the bag, triggering a nationwide crisis of confidence in public sector banks and leading to sweeping reforms in India’s banking oversight mechanisms.

Current Status of Nirav Modi’s Extradition

Nirav Modi was arrested in London in March 2019. After a protracted legal battle, the UK High Court approved his extradition to India in December 2021. However, he appealed to the UK Supreme Court, which dismissed his plea in March 2022. Despite this, he remains in the UK due to ongoing human rights challenges under the European Convention on Human Rights (ECHR), where he claims he won’t receive a fair trial or adequate medical care in India .

The UK Home Secretary has yet to sign the final extradition order—a delay that has frustrated Indian authorities. Meanwhile, the UK is also pursuing its own criminal case against him, which is why this latest evidence request is so significant.

What This Means for India and the UK

This judicial cooperation is a double-edged sword:

  • For India: Providing robust evidence strengthens the global perception of the case’s legitimacy and may pressure the UK to expedite extradition. It also demonstrates India’s commitment to international legal norms.
  • For the UK: Securing authenticated Indian evidence bolsters its domestic prosecution, potentially leading to a conviction even if extradition is delayed further.
  • For Nirav Modi: More evidence could weaken his defense in both jurisdictions, making it harder to claim the case against him is politically motivated or baseless.

For more on high-profile financial crimes, see our analysis on [INTERNAL_LINK:india-biggest-bank-scams].

The Delhi High Court’s involvement in the Nirav Modi case marks a critical juncture in India’s fight against transnational financial crime. It shows that justice in the 21st century is no longer confined by borders. As governments share evidence and align legal strategies, fugitives like Modi find fewer places to hide. While the road to full accountability remains long, this latest development proves that the wheels of international justice—though slow—are indeed turning.

Sources

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