London, May 18 — In a renewed setback for fugitive businessman Nirav Modi, the London High Court this week denied his latest bail application, with the judge citing a persistent “confidential impediment” delaying his extradition to India despite the legal process being otherwise complete.
At a hearing on Thursday at the Royal Courts of Justice, Justice Michael Fordham concluded there were substantial grounds to believe that the 54-year-old diamond trader, if released, would likely fail to surrender and posed a high flight risk.
“There is a ‘legal reason’ which relates to ‘confidential proceedings’. The nature of this is known to the applicant (Nirav Modi), and his lawyers; it is known to the Home Office, but apart from what I have recorded, nothing is known by the CPS [Crown Prosecution Service] or by the Government of India, nor by this court,” said Justice Fordham in his ruling.
While Nirav’s legal team argued that the “long passage of time” without a trial justified bail, the court maintained that the confidential matter—believed to be linked to an asylum application, though not confirmed—significantly limited what could be assessed in relation to risk and delay.
CPS barrister Nicholas Hearn, representing Indian authorities, acknowledged the confidentiality constraint and stated that he “recognises and respects” the impediment, adding that the court must proceed with the same approach.
“This results in a significant limitation to what this court can realistically assess, when considering the risks and implications in this case,” Justice Fordham added.
Nirav Modi has now been in custody at Thameside prison in London since March 2019, with this being his eighth bail attempt—all of which have been rejected on the grounds of him being a flight risk.
“I have had close regard to the points which have been made about the human cost of detention,” the judge said, noting health-related concerns and alleged threats. “But I am not able to conclude that… they can serve to displace or undermine the assessment… against bail.”
India is seeking Nirav Modi’s extradition in connection with three criminal proceedings:
1. A CBI case involving massive fraud at Punjab National Bank,
2. An ED case for alleged money laundering,
3. A separate case related to interference with evidence and witnesses.
In April 2021, then UK Home Secretary Priti Patel ordered Modi’s extradition after British courts found a prima facie case against him. However, the mystery legal barrier continues to prevent his return to face trial in India.
