London: The Fugitive Jeweler Nirav Modi An application has been made to the European Court of Human Rights (ECtHR) in France for an injunction to prevent his deportation to India.A spokesperson for the Crown Prosecution Service told TOI: “Nirav Modi should have been removed from office, but he has applied to the European Court of Human Rights for a stay of removal under Rule 39. We are not involved. “On March 25, London’s High Court rejected Nirav’s application to reopen his original anti-extradition appeal. The 55-year-old man accused of defrauding the Punjab National Bank of more than $1 billion has nowhere to escape in the UK, and Strasbourg is his only option. The CBI had 28 days from March 15 to pick him up from the UK, but he is now unable to return as Section 39 measures are being considered.Ben Keith, an extradition lawyer at 5 St Andrew’s Hill, told TOI: “There is no hearing. Everything is done in writing. It will be put to the judges at the European Court of Human Rights, who will usually make a decision within 48 hours. They may ask for more information from the UK government, in which case it may take longer. There is no time limit. When the ECHR judges consider Section 39 The UK government will not deport him when applying. They are rarely successful. You make a written application to a judge showing that your client faces an imminent risk of irreparable harm and that all domestic remedies have been exhausted, and then a judge at the European Court of Human Rights will review the case and make a decision.”Most Rule 39 requests will be denied. In 2025, only 222 of 2,701 requests were approved.The provisional measures provided for in Article 39 do not determine the outcome of the case – they are intended only to prevent irreversible damage while the case is ongoing.If the Rule 39 injunction is granted, the extradition will stop and proceed to the main hearing, where both parties present their full pleadings and a panel of judges decides whether a human rights violation has occurred.“This could take three to five years to reach a conclusion … with very few live hearings,” Keith said.
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