Nirav Modi spends Holi in overcrowded U.K. jail

He may have to share cell with another male prisoner, with little time out

March 21, 2019 11:06 pm | Updated March 22, 2019 08:20 am IST - LONDON

Fugitive diamond merchant Nirav Modi, wanted in India on charges of fraud and money laundering, spent Holi behind bars in one of England’s most overcrowded jails on Thursday, a day after a U.K. judge rejected his bail application.

The 48-year-old was arrested by Scotland Yard on Tuesday and presented before district judge Marie Mallon at Westminster Magistrates’ Court in London on Wednesday.

The judge remanded him in custody till March 29, after which he was transferred to Her Majesty’s Prison (HMP) Wandsworth in south-west London.

Harsh conditions

The overcrowding pressures of the jail may mean he will share a prison cell with any of its around 1,430 male prisoners.

Modi, one of India’s richest men, accustomed to high-life and celebrity circles around the world, will be faced with some harsh conditions at the prison. During the most recent inspection carried out in February-March 2018, the Victorian-era jail was found by U.K. Chief Inspector of Prisons Peter Clarke to be “one of the most overcrowded in England and Wales” and filled with many men with drug or mental health problems.

Self-inflicted deaths

“Despite six self-inflicted deaths since the last inspection, it was concerning to find that not all staff were carrying anti-ligature knives, that no staff would enter a cell alone — even if a prisoner’s life was in danger — and that the response to cell call bells was totally inadequate,” he noted.

Prison cells designed for one prisoner are often occupied by two, with poorly-screened lavatories and inmates being allowed far too little time out of their cells, his inspection had concluded.

“He has done everything he possibly can to be visible, to demonstrate his keenness to fully cooperate [with U.K. authorities], George Hepburne Scott, Modi’s Barrister, told the court in support of Modi’s bail application.

Among the details that emerged during the hearing, it was claimed that Modi was in the U.K. “lawfully,” having acquired a National Insurance Number — offered only to legal residents to be able to live and work in the U.K.

He had reportedly also been paying his Council Tax, which is a local tax paid by a U.K. resident to the local authority and also serves as an identity document for address proof. Based on this, he also received an offer from the U.K. electoral register to register to vote and had submitted one of three passports to U.K.’s Driving and Vehicle Licensing Authority (DVLA) to apply for a driver’s licence.

However, Modi’s defence team’s efforts to establish his credibility as a lawful U.K. resident who had no intention of jumping bail and fleeing were strongly objected to by the Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities.

The judge in the end ruled in favour of the Indian authorities, concluding that the diamantaire had “substantial grounds” to fail to surrender, and remanded him until the next hearing, scheduled for March 29.

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