Fugitive diamantaire Nirav Modi’s bail application was rejected for the second time by a UK court on Friday.
The hearing saw prosecutors go on the offensive arguing that the embattled jeweller posed a flight risk and had even issued death threats to witnesses related to his fraud case.
A team of CBI and ED officials were present in court during the hearing.
They handed over a new file of evidence, which was reviewed by Westminster Magistrates Court Chief Magistrate Emma Arbuthnot before the hearing.
Arguing on behalf of the Indian government, Crown Prosecution Service, barrister Toby Cadman told the court that there was a “substantial risk” that the prime accused in the Punjab National Bank would flee and attempt to interfere with witnesses and evidence.
“Given the nature and seriousness of charges and the resources available to him, there will be an overwhelming desire to flee the jurisdiction and interfere with the administration of justice,” said Cadman.
The CPS barrister then went on to give details of Modi’s attempt to interfere with witnesses. He said Modi phoned a witness, Ashish Lad, threatening to kill him.
A bribe of Rs 20 lakh was also allegedly offered in lieu of a false testimony.
Likewise, Nilesh Mistry and three other witnesses were targeted. Mobile phones and a server holding “material critical to the fraud” were destroyed at the request of Modi, raising fears of further “destroying of evidence” if bail was granted, the court was told.
“Due to the nature of his business he has at his disposal diamonds, gold and pearls,” added Cadman.
Modi’s defence team, led by barrister Clare Montgomery, who was also the barrister for former Vijay Mallya in his extradition case, countered the argument that Modi is a flight risk saying he sees the UK as a “haven where his case will be fairly considered”.
ED vs ED?
In a curious development, the main investigating officer in the Nirav Modi money laundering case was reportedly relieved of his charge by the Enforcement Directorate in Mumbai. However, the order was soon overturned by the agency’s Delhi headquarters, PTI reported.
The order divesting Joint Director Satyabrat Kumar of the charge of Mumbai zonal unit-I of the ED was issued by its top officer in the western zone, Special Director Vineet Agarwal, on Friday when Kumar was in London with regard to Modi’s bail hearing.
As soon as the news came out, ED Director Sanjay Kumar Mishra cancelled the order in Delhi and restored the charge to Kumar, reports said