The Delhi High Courthas acted on a request received from the Supreme Court of Englandand Wales to record the statement of a banker in connection with the Nirav Modi case. In a recent order, the court sought assistance from the Centre while issuing notices to all parties, including fugitive diamantaire Nirav Modi, according to a report by ANI.
The UK court has asked the Delhi HC to record the testimony of a Delhi-based Bank of Indiaofficial, who is a witness in proceedings abroad linked to a loan default dispute involving Firestar Diamond FZE and its founder Nirav Modi, as per the report.
Justice C Hari Shankar said help from the government was also required. “As to the future course of action to be taken in this matter, as there does not appear to be any earlier precedent in which the court acted on the basis of a communication from the foreign court, without a party to the matter approaching court,” The Times of India quoted Justice Shankar as saying.
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Request routed under Hague Convention
The request was sent to the Delhi High Court through the Union ministry of law and justice under the 1970 Hague Convention on “taking of evidence abroad in civil or commercial matters”, the court noted in its order. To enable the process, the court made all parties to the UK case, including Nirav Modi, parties to the present matter as well, ANI reported.
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During subsequent hearings, the court referred to a similar request made in 2016 by the Government of Portugal in the case of Visesh Infotecnics Ltd. vs Banco EFISA, SA Participadas, SGPS, S.A. The High Court also asked counsel for the Bank of India to clarify whether the bank plans to file a formal application in the matter. The case has now been listed for further hearing on January 21, it added.
Extradition cleared, but Modi still in UK
Although the UK Home Secretary approved Nirav Modi’s extradition to India and the decision was upheld by the UK High Court in 2022, he continues to remain in the UK due to ongoing legal “hoops” and reports related to mental health concerns.
In India, he has been declared an Fugitive Economic Offender (FEO), a status that allows the government to confiscate his assets even before a conviction. |
