Assure fair trial for Nirav Modi: Counsel
, ET Bureau|
Updated: Feb 28, 2018, 09.05 AM IST
Nirav Modi’s counsel Vijay Agarwal said the diamantaire may return to India only if the prosecution assures him of a free and fair trial.
The extradition of the key accused in the Rs 12,622-crore scandal of duping banks will depend on the nature of the treaty the country has with the nation where he is holed up now.
“The environment is not conducive where he has already been judged guilty,” said Agarwal. “If one gets to know that there will be unbiased investigation without any media trial, you can expect his presence.”
Enforcement Directorate and the Central Bureau of Investigation are either busy seizing Modi’s assets or investigating the FIRs filed against him.
ED has filed a complaint under the Prevention of Money Laundering Act, while the country’s premier investigation agency has filed an FIR citing provisions of Prevention of Corruption Act and Indian Penal Code for cheating case.
CBI has even approached Interpol for help in tracing Modi and his family. “He would not have left the huge wealth, now seized, had he intended to flee the country permanently,” said Agarwal. “Once CBI files the charge sheet, we will come out with our defence.”
When an accused person is in a foreign country, there are two ways to bring him/her back to India: extradition or deportation.
An extradition needs a bi-lateral treaty between the two countries, in the absence of which it makes a case for deportation. A deportation requires India to appoint a lawyer, who will fight it out in aforeign court that will finally take a call if the accused can be sent back to India.
“An accused person, wanted for a criminal offence in India, can either be deported or extradited,” said Zulfiquar Memon of MZM Legal. “It largely depends on India’s diplomatic relations with the country in which Nirav Modi would be at the moment.”
“First, he (Nirav) has to be identified through investigations and only then our government can explore possible options to get him here for further investigations,” he said. “It surely helps if we have a well-defined, extradition treaty with that country.”
Foreign countries including Germany, the UAE, HK and Peru extradited about 62 fugitives to India between 2002 and December, 2016, data from the Ministry of External Affairs’ website says.
The extradition of the key accused in the Rs 12,622-crore scandal of duping banks will depend on the nature of the treaty the country has with the nation where he is holed up now.
“The environment is not conducive where he has already been judged guilty,” said Agarwal. “If one gets to know that there will be unbiased investigation without any media trial, you can expect his presence.”
Enforcement Directorate and the Central Bureau of Investigation are either busy seizing Modi’s assets or investigating the FIRs filed against him.
ED has filed a complaint under the Prevention of Money Laundering Act, while the country’s premier investigation agency has filed an FIR citing provisions of Prevention of Corruption Act and Indian Penal Code for cheating case.
CBI has even approached Interpol for help in tracing Modi and his family. “He would not have left the huge wealth, now seized, had he intended to flee the country permanently,” said Agarwal. “Once CBI files the charge sheet, we will come out with our defence.”
When an accused person is in a foreign country, there are two ways to bring him/her back to India: extradition or deportation.
An extradition needs a bi-lateral treaty between the two countries, in the absence of which it makes a case for deportation. A deportation requires India to appoint a lawyer, who will fight it out in aforeign court that will finally take a call if the accused can be sent back to India.
“An accused person, wanted for a criminal offence in India, can either be deported or extradited,” said Zulfiquar Memon of MZM Legal. “It largely depends on India’s diplomatic relations with the country in which Nirav Modi would be at the moment.”
“First, he (Nirav) has to be identified through investigations and only then our government can explore possible options to get him here for further investigations,” he said. “It surely helps if we have a well-defined, extradition treaty with that country.”
Foreign countries including Germany, the UAE, HK and Peru extradited about 62 fugitives to India between 2002 and December, 2016, data from the Ministry of External Affairs’ website says.
Are you a Business Owner? Get Your Free Business Listing on Economic Times.
Register Now
