India is ready to set in motion extradition proceedings against Nirav Modi from the U.K. after receiving confirmation from authorities here that it was possible to launch such proceedings even without official confirmation of the exact location of the individual, including whether they were in the country.
Sources in London said the confirmation that extradition proceedings without precise details on an individual’s whereabouts could be commenced in Britain was made by Britain’s Crown Prosecution Services, with whom information discussions have been taking place , including this week, alongside discussions with Britain’s Home Office and Foreign and Commonwealth Office, as India attempts to pinpoint the precise location of the fugitive jeweller.
India’s discussions with British authorities on the issue have been complicated by a number of issues including around data protection, which have meant that India is yet to ascertain whether or not Mr. Modi, accused of a ₹13,000 crore fraud, has indefinite leave to remain (ILR) in Britain.
IRL in Britain?
Extradition proceedings would be particularly relevant if Mr. Modi possessed ILR — which would require India to proceed down the extradition route as it had in its attempt to return Vijay Mallya to the country (he has indefinite leave to remain in Britain). However, reports, including in the Financial Times , that Mr. Modi had claimed political asylum in Britain , in an effort to remain here, would suggest that he did not possess ILR, and this would lead India down the route of seeking his deportation, rather than full-blown extradition proceedings.
There is also a certain degree of confusion on his exact whereabouts. While he is believed to be in the U.K., the last recorded exit date on one of the multiple passports thought to have been in Mr. Modi’s possession was from the U.K. to Paris in late March, a source said.
Earlier this week, the Central Bureau of Investigation (CBI) said that it had sent a request to Interpol for the issuance of a Red Notice against Mr. Modi and his uncle Mehul Choksi. India has sent three Letters Rogatory (LRs) in the cases lodged by the Enforcement Directorate, the CBI and the Central Board of Direct Taxes (CBDT) to the U.K. seeking assistance in its investigation against Mr. Modi in March and April, which had been forwarded to the Serious Fraud Office.
