Nirav Modi’s Prison Transfer Complicates Preparation for Bank of India Trial in UK

Fugitive diamond merchant Nirav Modi , who is wanted in India on charges of fraud and money laundering in the estimated USD 2-billion Punjab National Bank (PNB) scam, is struggling to prepare his legal defence in a separate civil dispute due to restrictive conditions in his new prison cell, the High Court in London was informed on Friday.

At a pre-trial review hearing linked to an USD 8-million unpaid debt claimed by Bank of India , lawyers for the 54-year-old businessman told Judge Simon Tinkler that Modi had been effectively deprived of access to most of his legal paperwork following his transfer from HMP Thameside to HMP Pentonville in October. The move, described as a “logistic convenience”, was made so that he could attend a hearing in another unrelated debt case.

According to submissions before the court, Modi is now sharing a small cell equipped with only a shared desk and has no access to IT facilities , leaving him unable to review documents or work on his witness statement ahead of the January 2026 trial.

Judge Tinkler noted that the situation risked undermining Modi’s ability to mount a fair defence. “It seems to me that Mr Modi would benefit from having access to his previous handwritten notes,” the judge observed. “We are very close to the point at which the absence of papers for Mr Modi would mean that he is not in a position to prepare for the trial in a way that means he can fairly present his case. This is, in particular, in relation to the disclosure documents, including his annotations, which, on his own evidence, took some six or eight weeks to compile.”

Modi’s legal team therefore sought an adjournment of the January trial , arguing that he required more time and better access to materials to prepare his defence. Barrister James Kinman , appearing for Modi, said his client would be at a “substantial disadvantage” if forced to proceed as scheduled. “This trial will no longer be fair as Mr Modi is facing extremely difficult constraints in a small room with a shared desk and no IT facilities,” he said.

Judge Tinkler, however, stopped short of granting an adjournment. Instead, he adjourned the adjournment application itself to a further review hearing scheduled for December 19 , giving the court more time to assess whether Modi’s concerns could be addressed. In the meantime, he issued an order directing HMP Thameside to ensure that all legal documents from Modi’s former cell are transferred without delay to his new prison.

At the hearing held online Modi appeared via video link from HMP Pentonville, dressed in a grey T-shirt. He spoke only briefly to confirm that he lacked access to his legal files.

Bank of India’s counsel opposes delay

Bank of India, represented by barrister Tom Beasley , strongly opposed any postponement of the trial. Beasley argued that Modi had repeatedly attempted to delay legal proceedings and highlighted the ongoing extradition process that could further complicate scheduling.

“There is an opportunity to go ahead with the trial now before he is held in custody in India,” Beasley submitted, pointing to the likelihood that Modi could otherwise avoid or delay the civil proceedings by virtue of the extradition timeline.

However, Modi’s barrister countered that the extradition situation remained uncertain. He informed the court that a hearing to reopen the extradition appeal —which had previously been dismissed after all legal avenues were exhausted—has been listed for later this month. He added that there is a “real possibility” that Modi might not be extradited at all, or at least not before “very late in 2026”.

Long-running criminal cases in India

Modi has been lodged in various London prisons since his arrest in March 2019 on the basis of India’s extradition request. He has made multiple attempts for bail, all of which have been rejected by UK courts on the grounds that he poses a flight risk, most recently in May this year.

In India, Modi faces three sets of criminal proceedings :

• The CBI case relating to the PNB fraud.

• The ED case concerning alleged laundering of proceeds of crime.

• A separate case involving alleged interference with witnesses and destruction of evidence.

In April 2021 , then UK Home Secretary Priti Patel approved his extradition after courts found a prima facie case. However, after exhausting all appeals, Modi recently secured permission to have his appeal reopened , delaying the process.

Meanwhile, in the civil suit before the High Court, Bank of India , represented by law firm RWK Goodman , is pursuing Modi’s personal guarantee linked to a loan issued to Dubai-based Firestar Diamond FZE , a company associated with him.

As the December 19 review approaches, the High Court must decide whether Modi’s prison conditions genuinely impair his ability to defend himself or whether the long-running case should proceed without further delay.