The High Court of Justice, King’s Bench Division (UK High Court), has rejected fugitive businessman Nirav Modi’s application to reopen his extradition proceedings to India, holding that the case did not meet the threshold of “exceptional circumstances” required to revisit a concluded appeal.

A Division Bench comprising Lord Justice Stuart-Smith and Justice Jay held that reopening an extradition appeal is permissible only where it is necessary to avoid real injustice and where circumstances are truly exceptional.

Nirav Modi had sought reopening of the case relying on subsequent developments, including the Bhandari judgment, contending that he faced a real risk of torture or ill-treatment if extradited. However, the Court found that the Government of India had furnished specific and binding assurances that he would not be subjected to interrogation by investigative agencies, which adequately addressed such concerns.

Emphasising the importance of finality in extradition proceedings, the Court observed that the assurances provided were detailed, made in good faith, and carried significant diplomatic weight. The Court further noted that any breach of such assurances would have serious implications for bilateral trust between India and the United Kingdom.

Accordingly, the Court refused to reopen the appeal, thereby allowing the extradition process against Modi in connection with the Punjab National Bank fraud case to proceed.