A UK court on Friday (December 19) agreed to defer the trial in an unpaid loan case involving fugitive businessman Nirav Modi, citing continued delays by British prison authorities in providing him access to essential paperwork needed to prepare his defence.
The case relates to an $8 million loan extended by the Bank of India to Firestar Diamond FZE, a Dubai-based firm, for which Modi had given a personal guarantee. The proceedings are being pursued by law firm RWK Goodman on behalf of the Indian bank.
Justice Simon Tinkler, during an online review hearing, partly accepted Modi’s request to adjourn the eight-day trial that was originally scheduled to begin in January 2026. The court has now fixed March 23 as the new date for the start of proceedings.
While rejecting the defence’s request to postpone the matter until October, Justice Tinkler observed that the absence of the disclosure bundle so close to trial raised serious concerns over procedural fairness.
“There must be some doubt as to whether those papers will ever reach Mr Modi if they still exist,” the judge remarked, adding that he was “not satisfied that the trial would be fair were it to go ahead” under the present circumstances.
The court noted that Modi’s recent transfer between prisons in London had further complicated his ability to access and review legal documents critical to his case.
Representing Modi, barrister James Kinman told the court that his client would face a “substantial disadvantage” if the trial proceeded without adequate time and resources to prepare his defence.
Kinman also referred to what he described as a “confidential process” that has so far stalled Modi’s extradition to India, widely believed to be linked to an asylum-related application. He claimed that recent Indian media coverage had not reflected the full context of this process.
The defence suggested that extradition was unlikely before October 2026, though Kinman declined to provide further details, citing confidentiality.
Opposing a longer adjournment, Bank of India’s counsel Tom Beasley urged the court to ensure the case is concluded before any potential extradition of Modi to India.
Beasley argued that it would be “very hard” to conduct the proceedings if Modi were removed from UK jurisdiction and criticised the defence for relying on an unspecified legal bar without disclosing details.
The judge acknowledged these concerns but stressed that prison authorities must meet their obligations to ensure the accused has adequate access to legal materials.
Modi, currently jailed in a Category B prison, was not produced for the virtual hearing due to what was described as a communication lapse between court officials and prison authorities.
He is reportedly sharing a cramped cell and working on his case without basic facilities. Modi is representing himself in the Bank of India matter as a “litigant in person” and is now the sole witness, having missed the deadline to submit expert evidence on Indian law.
Separately, earlier this week, a division bench comprising Justice Jeremy Stuart-Smith and Justice Robert Jay heard Modi’s application to reopen his extradition proceedings on the grounds that he faces a risk of torture if returned to India.
That hearing has also been deferred to March-April 2026 after Indian authorities submitted detailed diplomatic assurances countering his claims. The court was informed that a separate “confidential process,” believed to relate to an asylum application, concluded unsuccessfully in August.
In India, Nirav Modi faces three sets of criminal proceedings: a CBI investigation into the Rs 13,000-crore Punjab National Bank fraud, an Enforcement Directorate case for alleged money laundering, and separate proceedings accusing him of interfering with evidence and witnesses.
In April 2021, then UK Home Secretary Priti Patel approved Modi’s extradition after a UK court found a prima facie case against him. Since then, Modi has exhausted multiple appeals and bail pleas, all of which have been rejected, even as legal challenges in the UK continue to delay his return to India.
