Nirav Modi (File photo)

LONDON: The Indian high commission here has not sought absconding jeweller Nirav Modi 's extradition yet as it is still waiting for "formal confirmation" he is in the UK from the home office.

When contacted by TOI, Indian deputy high commissioner to the UK Dinesh Patnaik said: "We have approached the UK side for information but have not received any formal confirmation of the presence of Nirav Modi in the UK." He added: "We cannot send an extradition request without confirmation of his presence."

It is understood the high commission has made several written requests to the home office, via the foreign office, seeking formal confirmation Modi is in the UK but has had no formal response. This is needed for extradition proceedings to be initiated. An Indian diplomat told TOI: "The UK government has told us informally that he is in London but we can't work on informal sources. We need formal confirmation. He may have ILR (indefinite leave to remain). We don't know that he has applied for political asylum."

The home office refused to confirm or deny whether the diamond merchant, who, together with his uncle, Mehul Choksi , is wanted in India in connection with a Rs 13,000 crore Punjab National Bank scam, has applied for asylum or is in the UK. But the home office said Modi could legally apply for political asylum in Britain.

"We don't have a list of countries where you can and cannot apply for political asylum from so yes, someone from India can apply for it. It depends on the individual case," a home office spokesperson said.

"It's perfectly possible for an Indian businessman like Nirav Modi to apply for political asylum in Britain," said Paul Turner, an immigration and asylum barrister, who heads Imperium Chambers in London. "A lot of Russians have claimed political asylum here. After Operation Blue Star lots of Indian Sikh militants got political asylum in the UK. He just needs to say the actions against him are politically motivated and because he is high-profile he won't get a fair trial. Even if there is a criminal case against him, he can still apply for asylum, but the question is whether he would succeed. Unless he can tie the crime to a political element he won't, as they will say he fears prosecution, not persecution."

The CBI has contacted Interpol seeking a red corner notice against the diamond merchant. Modi is thought to have approached the same London law firm, staffed by ex-Interpol lawyers, which helped former IPL chairman Lalit Modi get out of his Interpol notice. When TOI contacted the firm, they refused to comment.

