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Fugitive diamantaire Nirav Modi won’t get a fair trial in India if extradited to face costs of main monetary offences, former Supreme Court judge Markandey Katju claimed on Friday whereas deposing as a defence witness in the Westminster Magistrates’ Court.
Appearing by way of video hyperlink from New Delhi, Katju alleged in his 130-minute deposition that the judicial system in India had collapsed, claiming that investigative companies such because the CBI and Enforcement Directorate have been performing on the behest of political masters.
The five-day listening to is a part of Nirav Modi’s extradition trial in which the judge must resolve whether or not there’s a prima facie case towards him in India on the idea of proof submitted by the federal government of India – to not attain a judgement of conviction or guilt.
Katju talked about a number of instances and points to substantiate his allegations, together with the 2019 Ayodhya judgement by a Supreme Court bench headed by former chief justice Ranjan Gogoi, the latter’s subsequent nomination as a Rajya Sabha MP, the post-retirement appointment of judges, media trials and alleged corruption in the judiciary.
“The government of India has made up its mind that Nirav Modi is a criminal…. How can we expect a fair trial?”
“All ministers have pronounced him (Modi) guilty and the courts will do what they say…The present government needs a scapegoat to divert attention from other issues. Nirav Modi is the scapegoat, blamed for all ills,” the retired prime court judge claimed.
“They have already pronounced him a criminal. I am definite that he will not get a fair trial in India. No lawyer will pick up his case. The justice system has collapsed; it is beyond redemption; it has bowed before political masters.”
Katju clarified that he can not say something in regards to the costs of economic offences introduced towards Nirav Modi by CBI and ED, since he’s not conscious of the main points, however repeated a number of instances that he won’t get a fair trial below the current circumstances.
Recalling the SC’s 2013 description of the CBI as a “caged parrot”, Katju alleged that issues had worsened, claiming that CBI and ED weren’t politically impartial, with the Central Vigilance Commission “doing nothing”. According to him, such companies had develop into “tools of political masters”.
Helen Malcolm, showing on India’s behalf, questioned Katju about chatting with the information media in India on Thursday about his court look, and questioned if it was something to do together with his being a “self-publicist” eager to use the high-profile case.
Malcolm learn out Katju’s remarks revealed in the previous on same-sex relationships, about single ladies allegedly being susceptible to psychological issues, about “90% Indians are fools”, scary agitated responses from Katju. At one level, he stated: “I know more English literature than you”.
Malcolm stated: “I don’t want to be discourteous but is it possible that you are a self-publicist who will make any outrageous comment to reach the press in this high-profile case. It is up to others to make a judgement about the use of your evidence”.
Katju stated that Malcolm’s accusation that he’s motivated by private vainness or vainglory is just not fair.
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