Markandey Katju said that Nirav Modi has become a “convenient scapegoat.” (PROCEEDINGS)
London:
Retired Supreme Court Justice Markandey Katju was challenged as a “publicist” on behalf of the Indian government on Friday when he testified in the extradition case of fugitive diamond dealer Nirav Modi via a live video link from the India at Westminster Magistrates Court in London. .
On the last day of a five-day hearing, Judge Samuel Goozee heard Mr. Katju’s detailed evidence before adjourning the case until November 3, when he will hear arguments on the admissibility of evidence provided by the Indian authorities on fraud and money charges. money laundering against diamond dealer in Punjab National Bank (PNB) scam case of USD 2 billion.
The UK Crown Prosecution Service (CPS), arguing on behalf of the Indian government, tried to counter Mr. Katju’s written and oral claims that Nirav Modi would not receive a fair trial in India because the majority of the power The judiciary was corrupt and the investigative agencies were subordinate. to the government.
“Is it at least possible? You are some kind of self-publicist who will make any outrageous statement for the purpose of courting the press,” questioned lawyer Helen Malcolm, to which Katju replied that “you have a right to have a say.”
Malcolm also questioned his decision to grant media interviews in India earlier this week in relation to the evidence he would present to the UK court in a sub judice matter, to which the former Supreme Court judge said simply He responded to journalists’ questions and that it was his duty to speak out on issues of “national importance.”
During what became a sometimes heated exchange in court, some of his controversial past statements were also read in court, referring to homosexual relationships being “unnatural” and women who remain single are “prone to psychological problems”.
Katju responded by stating that he had a right to say and that he had quoted “Man and Superman” by Irish playwright George Bernard Shaw, which Malcolm “as a Brit” should have read.
The former judge had been deposed by Nirav Modi’s defense team to substantiate their claims that the jeweler faces an unfair and biased trial if extradited to India.
Katju also made repeated comparisons between India and Germany under the Nazi regime, saying that Nirav Modi has been made a “convenient scapegoat” similar to Jews in Nazi Germany to be blamed for the economic crisis in the country.
When asked if the diamantaire’s own alleged dishonest actions could be to blame, he said: “I am not making any statement on the merits of this case. I am simply saying that you cannot get a fair trial … all the ministers and media of communication”. they have found him guilty. “
His claim that post-retirement appointments were among the incentives that led to corruption among judges highlighted his own appointment as chairman of the Press Council of India after his retirement, which he stressed was not an appointment of the government.
“So the three-member nominating committee, made up of the Speaker of the Lower House, the Speaker of the Upper House (Vice President of India) and a member of the Press Council, is completely apolitical and has nothing to do with the government, “he asked. Malcolm.
Thursday’s hearing concluded most of the oral evidence in the extradition case, which was observed by Nirav Modi via video link from a room at Wandsworth prison in London, where he has been housed since his arrest in March of last year.
The first series of hearings in the case took place in May, and this week’s hearings were scheduled to complete arguments to establish that the 49-year-old jeweler has a case to answer in Indian courts.
The defense team, led by attorney Clare Montgomery, has sought to establish not only that Mr. Modi’s actions related to the Letters of Commitment issued by the PNB (LoU) did not constitute fraud, but also deposed witnesses to highlight his fragile state of mental health and a high risk of suicide.
They have also alleged that the conditions at Barrack 12 at the Arthur Road Jail in Mumbai, where he will be housed upon being extradited, do not meet the court’s human rights criteria.
He has exposed the case of fraud of the Central Investigations Office (CBI) and the case of the Directorate of Execution (ED) of laundering of those funds acquired fraudulently.
He has also played videos in court in support of additional charges of disrupting the CBI investigation by causing disappearance of evidence and criminal intimidation of witnesses.
The Indian government has provided guarantees of adequate prison conditions, which were added to this week with the guarantee that Mr. Modi would receive adequate mental health care upon being extradited.
A hearing for final submissions in the case is scheduled for December 1, but that date is likely to be delayed, and a decision in the case is not expected before the end of this year or early next year.
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