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New Delhi: In a rare instance of cross-border judicial cooperation, the Delhi High Court has stepped in to assist the Supreme Court of England and Wales in a high-stakes legal battle involving fugitive diamantaire Nirav Modi and the Bank of India.
A direct line from the UK
The case centres on a request from the United Kingdom for judicial assistance to record the testimony of a Delhi-based official from the Bank of India. This official is considered a key witness in ongoing proceedings abroad regarding a massive loan default involving Firestar Diamond FZE and Nirav Deepak Modi.
Justice C Hari Shankar, presiding over the matter, described the situation as "unusual." He noted that there appears to be no prior precedent in Indian law where a domestic court acted solely on a direct request from a foreign judiciary without a specific party to the litigation first approaching the Indian courts.
The Hague Convention in action
The request didn't arrive via traditional legal filings but was transmitted through the Union Ministry of Law and Justice under the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. This international treaty facilitates the exchange of evidence between different legal jurisdictions.
To ensure the process moves forward correctly, the Delhi High Court has officially impleaded the parties involved in the UK case, including Nirav Modi himself. The Court clarified that this move was strictly for "procedural convenience" and does not mean the underlying fraud or default case is being tried in India.
Serving notice to HMP Thameside
One of the primary logistical hurdles is notifying the defendants. Since Nirav Modi is currently incarcerated at HMP Thameside prison in London, the High Court directed that legal notices be served to him through the Consulate General of India in the UK. The Additional Solicitor General has been tasked with ensuring this service is executed properly.
Historical echoes and the long road ahead
During the hearings, the Court recalled a similar, albeit rare, instance from 2016 involving the Government of Portugal in the case of Visesh Infotecnics Ltd. vs. Banco EFISA.
As the legal machinery begins to grind, the Court has asked counsel for the Bank of India to clarify if the bank intends to file its own formal application regarding the testimony. Given the complexities of international law and the logistical challenges of coordinating testimony from prison, the matter has been scheduled for its next hearing on January 21, 2026.
