The Westminster Magistrate Court in London, while ruling for the extradition of fugitive businessman Nirav Modi to Bharat to stand trial for economic offences, rejected the opinions of former Supreme Court Judge Justice Markandey Katju and former High Court Judge Justice Abhay Thipsay.
Both had opposed the extradition of Nirav Modi.
The London judge termed Justice Katju’s testimony “less than objective and reliable”. The Judge also said Justice Katju’s opinion can’t be relied upon as “It had hallmarks of an outspoken critic with his own personal agenda.”
The court also observed that in his cross-examination, Justice Katju had accepted not going through the evidence of the court.
Justice Katju had opposed the Government of India’s extradition request on the ground that Nirav Modi would not receive a free and fair trial in India. He had also explained how there is rampant corruption in the Indian judiciary and the higher courts have become subservient to the executive.
As an example, Justice Katju had presented the case of former Chief Justice of India Ranjan Gogoi’s nomination to the Rajya Sabha. The London court rejected his opinion.
It noted “Despite having been a former Supreme Court judge in India until his retirement in 2011his evidence was in my assessment less than objective and reliable. His evidence in court appeared tinged with resentment towards former senior judicial colleagues.”
Earlier, Justice Katju had apologised in CJI Ranjan Gogoi’s court in a contempt of court case.
Justice Katju had started his judicial career as an advocate in Allahabad High Court in 1970. He retired as the judge of the Supreme Court in September 2011.
The London court also rejected the opinion of former High Court Judge Justice Abhay Thipsay.
Justice Thipsay had opined that since there was no person deceived in the case, there was no case of cheating against Nirav Modi. He also requested the London court to take his testimony in private.
Justice Abhay Thipsay retired from the Allahabad High Court in March 2017. He had also served in the Bombay High Court. After his retirement, he joined the Congress party.
Nirav Modi, a diamond merchant, fled India in January 2018. He has accused in a case of fraudulent transactions worth INR 13000 crore through Punjab National Bank. His uncle, Mehul Choksi, is co-accused.
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