LONDON: Fugitive diamantaire Nirav Modi, implicated of carrying out the largest scale scams on Punjab National Bank in its history, is not going back to India whenever soon in spite of the truth he has actually lost all his UK court battles fighting extradition.Nirav (51) had actually appealed versus his extradition in the London high court and lost.
On December 15, 2022 his application to appeal at the Supreme Court was turned down.
The UK home secretary then, according to the UK extradition process, had 28 days from that date to remove him.
The 28th day due date reoccured however Nirav is not on a flight to India.
He does, however, stay in a British prison and has not made a bail application.A Crown Prosecution Service spokesperson informed TOI on Friday that whilst Niravs UK extradition proceedings had actually concluded, there was another legal matter disallowing his removal for the moment .
On Nirav Modi, the UK extradition proceedings are at an end however his removal is statute disallowed for the minute.
There is some other legal matter involved however I do not understand what that is, the spokesperson said.TOI talked to Karishma Vora, a barrister with 39 Essex Chambers in London, who stated: He should have obtained asylum.
I cant think about any other legal reason that would stop him being extradited.
His asylum application could either remain in process, gradually going through all the phases of appeal, or those procedures could have been tired and the final asylum may have been determined.
If it has actually been figured out versus Nirav, then it would not get in the way of him being extradited.
If his asylum claim has actually been accepted, then he would be given rights to stay in the UK and can not be extradited.
Based on the details available in the general public domain about the case and the individual, I do not believe he has a high prospect of being successful in an asylum application.
Since Nirav is still in prison in the UK, it is not likely he has actually been given asylum as otherwise he would have been launched from prison.
This recommends, if it is an asylum claim that is barring his removal , the asylum application need to still remain in process.An extradition barrister who works on comparable cases informed TOI: Reading between the lines, statue barred indicates there is a legal concern, which suggests the office can not remove the person, which is most likely to be an application for asylum or for humanitarian defense under immigration law.
They have stated in the meantime so it does not indicate he will never go back.
There could likewise be some brand-new evidence about his psychological health or brand-new evidence from India preventing his elimination.
Humanitarian protection offers international protection to people who do not qualify for protection under the Refugee Convention but who might be at danger of serious damage if they go back to their country of origin.The European Court of Human Rights representative informed TOI they had actually not received any application from Nirav under Rule 39 requiring the court to halt his extradition.Nirav is accused by India of tricking PNB of Rs 6,498 crore through his companies, along with of laundering the proceeds of that scams and of interference with evidence and witnesses.On February 25, 2021 district judge Gooze discovered that there were no bars to extradition and sent out the case to the secretary of state.
On April 15, 2021, the then house secretary, Priti Patel, had actually purchased his extradition.