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Nirav Modi fails to get press blackout on Justice Thipsay’s proof, loses battle on first day of extradition listening to


NEW DELHI: A London choose has refused an utility by Nirav Modi’s barrister to have a press blackout on proof by former Bombay excessive court docket choose Justice Abhay Thipsay appearing as witness on the billionaire jeweller’s behalf this week.
Nirav’s barrister Clare Montgomery QC made an utility to Westminster Magistrates’ Court docket on Monday for reporting restrictions on Thipsay’s proof throughout Nirav’s second extradition listening to, claiming Thipsay had been subjected to “vile allegations” after he gave proof through the first listening to in Could.
Montgomery requested district Choose Samuel Mark Goozée for Thipsay’s proof to be heard by the court docket in non-public or for the reporting to be postponed until the “sting is out of the story” to stop Nirav from being subjected to “a wholly unfounded critique of his proof” as soon as once more by the Union legislation minister Ravi Shankar Prasad.
Instances of India and different press objected to the appliance orally in court docket.
Goozée then refused to take a seat in non-public or postpone reporting, mentioning Justice Thipsay had himself engaged with the media in response to the controversy.
Thipsay, who retired as a choose in 2017, gave proof on Could 13 as a witness for Nirav at his first listening to saying that the fees levelled in opposition to Nirav by the CBI – specifically dishonest and legal conspiracy – wouldn’t rise up underneath Indian legislation.
The next day Prasad held a press convention the place he accused Thipsay of working on the behest of Congress to save lots of Nirav.
Montgomery informed the court docket at that occasion Prasad “launched an advert hominem assault on Thipsay and his proof suggesting incompetence and that he was biased and had given proof on the behest of the Congress occasion” to guard “a longtime fraudster.”
She mentioned reporting restrictions have been needed for “order and within the pursuits of justice” to stop an extra assault on Thipsay.
“The variety of papers that ran with story was engineered as results of that press convention,” Montgomery mentioned.
“I would really like the press and Indian authorities to be precluded from a personal listening to, however allow attorneys to be there,” she mentioned. “He would moderately give a written opinion or have his proof heard in non-public or have enough reporting restrictions to restrict inappropriate commentary on his proof at the least through the listening to.
“What the minister mentioned was plainly contempt. The minister of justice and the solicitor normal see nothing fallacious in making unfair and unfounded remarks concerning the proceedings,” she mentioned.
“You don’t in center of listening to make public statements publicly denigrating a witness and disputing their proof in a approach that was not the topic of cross-examination in court docket and accusing them of bias on behalf of rival occasion. The legislation minister sees nothing fallacious in his behaviour and claims as long as it was on behalf of BJP you possibly can say no matter you want by the use of unfair commentary. This assertion provoked quite a lot of very hostile press describing his proof as lies and a shame,” Montgomery mentioned.
Private and household contacts of Thipsay had indicated he ought to withdraw from the case, Montgomery mentioned. “He didn’t method a paper moderately acquired a number of telephone messages asking overtly aggressive questions. He isn’t a politician – he joined Congress 15 months after retirement.”
“It’s my view the press convention was given in political context of BJP and political commentary concerning the Congress occasion,” Goozee mentioned, refusing the appliance. “It is a excessive profile case in India and I’ve little doubt Thipsay has overseen many excessive profile circumstances and entered into the world together with his eyes open.” He identified Thipsay had not refused to present proof, moderately had given additional proof for this week and he needed to be heard in non-public to stop being maligned however that didn’t quantity to the distinctive circumstances required to make it non-public and there was no proof it could give rise to substantial threat of prejudice to the course of justice. I don’t concern myself about political commentary in India,” Goozee added.
“This occurred in a political context, the minister who mentioned it’s BJP and Thipsay is a well known member of Congress. There may be zero proof that what occurred afterwards was engineered by the federal government of India. The strategies of expression, hyperbole and stage of debate widespread in India not what we’d see on this nation,” Helen Malcom, representing the Crown Prosecution Service, on behalf of the federal government of India, mentioned.
Nirav is battling extradition to India to face prices of perpetrating a large-scale fraud on Punjab Nationwide Financial institution of between $1 billion and $2 billion (Rs 7,346 crore and Rs 14,693 crore), of laundering among the proceeds and of interfering with witnesses and destroying proof.


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