Nirav Modi’s New Gambit: Case Reaches European Court; Extradition May Be Halted Under ‘Rule 39’

Mumbai. Nirav Modi—the prime accused in the Punjab National Bank (PNB) scam and a fugitive diamond merchant—has now played his final legal card on the international stage in an attempt to stall his extradition to India. He has filed a petition under ‘Rule 39’ with the European Court of Human Rights (ECtHR), based in Strasbourg, France, seeking a temporary stay on his extradition.

All Avenues Exhausted in the UK
Prior to this, on March 25, the London High Court had dismissed Nirav Modi’s appeal, in which he had sought to reopen his extradition case. Following this verdict, he was left with no remaining legal options within the UK, prompting him to approach the European Court.

According to standard procedures, the Central Bureau of Investigation (CBI) could have brought him back to India within the stipulated timeframe; however, the extradition has now been stayed pending a decision on the ‘Rule 39’ application.

What is ‘Rule 39’? Explained in Simple Terms
‘Rule 39’ is an emergency provision of the European Court of Human Rights, under which the Court may issue interim measures to protect an individual from “irreparable harm.”

No Open Hearings:* The entire matter is decided based on written submissions.
Decision Possible Within 48 Hours:* Judges typically deliver a verdict swiftly.
Temporary Relief:* It is not a final judgment, but merely an interim measure to impose a stay.
Stay on Extradition:* The concerned country cannot hand over the individual until a decision is reached regarding the application.

According to experts, the petitioner must demonstrate that they face an immediate and grave risk of harm, and that they have exhausted all available legal remedies within their own country.

Legal Process Could Drag On
The relief granted under ‘Rule 39’ is not permanent; however, it has the potential to prolong the legal proceedings for years. Experts believe that the entire process could take anywhere from three to five years.

What happens next?
Currently, the Crown Prosecution Service (CPS) has confirmed that the process for Nirav Modi’s extradition was on track; however, it has now hit a temporary pause due to a petition filed in the European Court.

All in all, Nirav Modi has chosen a legal avenue that—regardless of whether or not it ultimately secures him relief—could certainly prove effective in temporarily delaying the process of his repatriation to India.