In a rare legal move, the Delhi High Court has taken action based on a communication from the Supreme Court of England and Wales. The court recorded the statement of a banker in connection with the ongoing Nirav Modi case. This development marks a significant step in the international dimensions of the high-profile financial dispute.
Court Seeks Government Assistance
Justice C Hari Shankar issued a recent order that highlights the unusual nature of this request. The court sought assistance from the Centre while issuing notices to all involved parties. This includes the fugitive diamantaire Nirav Modi himself.
Justice Shankar explained why government help is necessary. He stated that assistance is needed to determine the future course of action. The judge pointed out that there appears to be no earlier precedent for such a situation. Typically, courts act when parties approach them directly. In this case, the Delhi High Court is acting based on communication from a foreign court without any party initiating the process.
International Legal Cooperation
The UK court specifically requested the Delhi High Court's intervention to record testimony. They want the statement of a Delhi-based Bank of India official. This official would serve as a witness in proceedings happening abroad.
These foreign proceedings concern Firestar Diamond FZE and its founder Nirav Modi. The matter revolves around a loan default dispute that has attracted international attention.
Hague Convention Framework
The request reached the Delhi High Court through proper diplomatic channels. The Union Ministry of Law and Justice communicated it under the 1970 Hague Convention. This international treaty governs the taking of evidence abroad in civil or commercial matters.
The High Court noted this legal framework in its order. To facilitate the evidence collection process, the court made all parties to the UK proceedings parties to the current Indian matter as well.
Bank's Position Clarification
In addition to these measures, the Delhi High Court asked counsel for Bank of India to clarify their intentions. The court wants to know if the bank plans to file a formal application in this matter. This clarification will help determine how the proceedings move forward.
This case demonstrates how international legal cooperation works in complex financial matters. It shows how courts in different countries can collaborate to gather evidence and ensure justice across borders.
