Nirav Deepak Modi v Government of India
The Government of India has provided comprehensive, detailed, and reliable assurances that Mr Modi will not be interrogated or ill-treated by any agency upon extradition. These assurances are binding, cognisable at a diplomatic level, and sufficiently mitigate the risk identified in Bhandari. There are no exceptional circumstances or real injustice warranting re-opening the appeal under CrimPR 50.27.
- Parties
- Applicant: Nirav Deepak Modi; Respondent: Government of India
- Jurisdiction
- England and Wales
- Judgment Date
- 25 March 2026
- Procedural Posture
- Extradition Appeal / Application to Re Open Appeal
- Outcome
- Application to re-open extradition appeal refused
- Legal Topics
- Extradition, Article 3 ECHR, Torture and Ill Treatment, Assurances, Doctrine of Specialty
Case Brief
Summary, issues, holding and outcome
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Parties
Nirav Deepak Modi
Applicant
Government of India
Respondent
Procedural Posture
Extradition Appeal / Application to Re Open Appeal
Legal Issues
- 1 Whether new evidence warrants re-opening the extradition appeal under CrimPR 50.27
- 2 Whether assurances from the Government of India sufficiently mitigate the risk of torture or ill-treatment upon extradition
- 3 Whether the doctrine of specialty and Indian law prevent further interrogation or prosecution beyond extradition offences
Ratio Decidendi
The Government of India has provided comprehensive, detailed, and reliable assurances that Mr Modi will not be interrogated or ill-treated by any agency upon extradition. These assurances are binding, cognisable at a diplomatic level, and sufficiently mitigate the risk identified in Bhandari. There are no exceptional circumstances or real injustice warranting re-opening the appeal under CrimPR 50.27.
Court Disposition
Application to re-open extradition appeal refused
Orders
- Permission to rely on additional witness statements granted
- Application under CrimPR Part 50.27 for permission to re-open appeal refused
Full Case Text
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