Modi v Government of India & Anor [2021] EWHC 2257 (Admin) (09 August 2021)

Modi v Government of India & Anor [2021] EWHC 2257 (Admin) (09 August 2021)

Permission to appeal is granted on grounds relating to Article 3 ECHR and oppression due to mental health (grounds 3 and 4), as these are reasonably arguable given the evidence of severe depression, suicide risk, and adequacy of Indian prison healthcare and assurances. Permission to appeal is refused on all other grounds: the judge's findings on prima facie case, extradition offences, Article 6 ECHR, and specialty protection were properly open to him on the evidence and consistent with established legal principles and precedent.

Citation
[2021] EWHC 2257 (Admin)
Parties
Applicant: Nirav Deepak Modi; First Respondent: Government of India; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 August 2021
Procedural Posture
Extradition Appeal / Permission to Appeal Against Extradition Order and Secretary of State's Decision
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Prima Facie Case, Extradition Offence, Article 3 ECHR, Article 6 ECHR, Specialty Protection, Mental Health and Extradition, Assurances by Requesting State
Extradition Human Rights Criminal Law Prima Facie Case Extradition Offence Article 3 ECHR Article 6 ECHR Specialty Protection +2 more

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Parties

Nirav Deepak Modi

Applicant

Government of India

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Permission to Appeal Against Extradition Order and Secretary of State's Decision

Legal Issues

  1. 1 Whether the judge erred in finding a prima facie case for extradition
  2. 2 Whether the offences constitute extradition offences
  3. 3 Whether extradition would breach Article 3 ECHR (inhuman or degrading treatment) due to mental health and prison conditions

Ratio Decidendi

Permission to appeal is granted on grounds relating to Article 3 ECHR and oppression due to mental health (grounds 3 and 4), as these are reasonably arguable given the evidence of severe depression, suicide risk, and adequacy of Indian prison healthcare and assurances. Permission to appeal is refused on all other grounds: the judge's findings on prima facie case, extradition offences, Article 6 ECHR, and specialty protection were properly open to him on the evidence and consistent with established legal principles and precedent.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal granted on grounds 3 and 4 (Article 3 ECHR and oppression due to mental health)
  • Permission to appeal refused on grounds 1, 2, 5, and specialty (prima facie case, extradition offence, Article 6 ECHR, specialty protection)