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London:
Retired Supreme Court decide Markandey Katju was challenged as a “self-publicist” on behalf of the Indian authorities on Friday as he gave proof within the extradition case of fugitive diamond service provider Nirav Modi through a stay videolink from India at Westminster Magistrates’ Court in London.
On the ultimate day of a five-day listening to, Justice Samuel Goozee heard Mr Katju’s detailed proof earlier than adjourning the case till November 3, when he’ll hear arguments on the admissibility of the proof supplied by the Indian authorities on the fees of fraud and cash laundering towards the diamond service provider within the USD 2-billion Punjab National Bank (PNB) rip-off case.
The UK’s Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, sought to counter Mr Katju’s written and oral claims that Nirav Modi wouldn’t obtain a good trial in India as a result of a majority of the judiciary was corrupt and the investigating businesses subservient to the federal government.
“Is it at least possible, you are something of a self-publicist who will make any outrageous statements for the purpose of courting the press,” questioned barrister Helen Malcolm, to which Mr Katju replied “you are entitled to your opinion”.
Malcolm additionally queried his resolution to offer media interviews in India earlier this week associated to the proof he was to offer earlier than the UK courtroom in a sub judice matter, to which the previous Supreme Court decide stated that he merely responded to reporters’ questions and that it was his responsibility to talk out on issues of “national importance”.
During what grew to become a fairly a fiery alternate in courtroom at instances, a few of his previous controversial statements had been additionally learn out in courtroom, in reference to homosexual relationships being “unnatural” and ladies who stay single being “prone to psychological problems”.
Mr Katju countered by stating that he was entitled to his opinion and that he had quoted from Irish playwright George Bernard Shaw’s ‘Man and Superman”, which Malcolm “as a Britisher” ought to have learn.
The former decide had been deposed by Nirav Modi’s defence workforce with a purpose to substantiate their claims that the jeweller faces an unfair and biased trial if extradited to India.
Mr Katju additionally repeatedly made comparisons between India and Germany beneath the Nazi regime, saying Nirav Modi has been made a “convenient scapegoat” akin to the Jews in Nazi Germany with a purpose to be blamed for the financial disaster within the nation.
Asked by the if the diamantaire’s personal alleged dishonest actions could possibly be guilty, he stated: “I am not making any statements on the merits of this case. I am simply saying that he cannot get a fair trial… all ministers and media have pronounced him guilty.”
His assertion that post-retirement appointments had been among the many inducements which led to corruption amongst judges introduced his personal appointment because the Chairman of the Press Council of India following his retirement into focus, which he harassed was not a authorities appointment.
“So, the three-member appointment committee – composed of the Speaker of the Lower House, Chairman of the Upper House (Vice-President of India) and a Press Council member – are completely apolitical and nothing to do with the government,” queried Malcolm.
The listening to on Thursday concluded the majority of the oral proof within the extradition case, which was noticed by Nirav Modi through videolink from a room in Wandsworth Prison in London – the place he has been lodged since his arrest in March final 12 months.
The first set of hearings within the case happened in May, with the hearings this week slotted to finish arguments to determine the 49-year-old jeweller has a case to reply earlier than the Indian courts.
The defence workforce, led by barrister Clare Montgomery, has sought to not solely set up that Mr Modi’s actions associated to PNB-issued Letters of Undertaking (LoUs) didn’t quantity to fraud but in addition deposed witnesses to spotlight his fragile psychological well being situation and a excessive threat of suicide.
They have additionally claimed that the circumstances at Barrack 12 in Arthur Road Jail in Mumbai, the place he’s to be lodged on being extradited, don’t meet the courtroom’s human rights standards.
The has set out the Central Bureau of Investigation’s (CBI) case of fraud and the Enforcement Directorate’s (ED) case of the laundering of these fraudulently acquired funds.
It has additionally performed movies within the courtroom in help of extra expenses of disrupting the CBI’s investigation by inflicting the disappearance of proof and legal intimidation of witnesses.
Assurances of satisfactory jail circumstances have been supplied by the Indian authorities, which had been additional added to this week with an assurance of acceptable psychological well being look after Mr Modi on being extradited.
A listening to for last submissions within the case is at present slated for December 1 however that date is prone to be delayed, with a ruling within the case not anticipated earlier than the tip of this 12 months or early subsequent 12 months.
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