In a fresh appeal against extradition in the UK, fugitive diamantaire Nirav Modi on Wednesday cited poor conditions of Indian jails and increased “risk” of worse mental health, depression that may lead to suicide, as arguments. Modi said that extradition to India would severely impact his mental health.

Modi’s lawyer said understaffing of doctors and overcrowding lead to delays in getting prisoners to hospitals when in need. The lawyer also cited Modi’s mental health risk and suicidal tendencies from the time the absconding businessman’s mother died by suicide when he was eight years old and systematic delays in getting psychiatric consultations. Extradition would be “flagrant denial of justice,” his lawyers said at the London court hearing.

Modi is likely to be at immediate risk of suicide if he is extradited, his lawyer argued that the event can trigger grave depression, which could lead to self-harm. Extradition must be refused for that reason, he said.

Further arguing that private consultation has never been allowed in Arthur Road jail, Modi’s lawyer cited a case in which a court denied permission for psychiatric evaluation. Acknowledging his right to have consultations with a psychiatrist of his choice in the Indian prison, Modi argued that approval for a visit would have to be taken from a judge based on their whims. 

He fears that because of this, the permission might be severely delayed and may cause his condition to deteriorate. If the psychiatrist can get in into an overcrowded prison, there may be delays in giving him medicines by an overstretched staff, his lawyer said.

The lawyer went on to target the Indian healthcare system amid pandemic. Due to the pandemic, getting a psychiatrist into the Covid-infested prison would be “difficult,” the lawyer said. “Covid-19 is rising in Maharashtra and is affecting this prison,” Modi said in his appeal. “The healthcare system is near collapse.”