‘Risk of absconding high’: UK judge notes ‘confidential impediment’ in Nirav Modi extradition case

“There is a ‘legal reason’ related to ‘confidential proceedings’,” Justice Fordham stated. “Its nature is known to Mr. Modi and his legal team, and to the Home Office. Beyond what I have recorded, it is not known to the CPS, the Government of India, or this court.”

Nicholas Hearn, barrister for the Crown Prosecution Service representing Indian authorities, confirmed awareness of the impediment and affirmed the need to respect its confidentiality—though its exact nature remains undisclosed. It is believed to pertain to an asylum claim, a matter that has surfaced in earlier hearings but remains officially unconfirmed.

Justice Fordham said the confidentiality imposes a “significant limitation” on what the court can evaluate when considering the risks posed by Modi’s continued detention or release.

Modi, who has been held at Thameside prison in London since his arrest in March 2019, has made at least seven unsuccessful bail applications. His legal team argued that the lengthy pre-trial delay justifies release, citing concerns over his mental and physical health, delays in treatment, and reports of threats and coercion in custody.

While the judge acknowledged these concerns and treated the application “afresh” on its own merits, he concluded that they do not outweigh the risks of flight.

Modi faces three criminal cases in India: the CBI’s fraud case related to the Punjab National Bank, the Enforcement Directorate’s case on laundering the proceeds of that fraud, and a third case alleging witness tampering and evidence destruction.

In April 2021, then UK Home Secretary Priti Patel signed off on his extradition after British courts found a prima facie case against him. However, his surrender remains stalled by the ongoing confidential proceedings.