Fugitive diamantaire Nirav Modi has lodged an application with the European Court of Human Rights (ECHR) in Strasbourg, France, in a fresh attempt to prevent his extradition to India. The application follows a series of rejections by UK courts and an approval by the UK Home Secretary for his removal to face charges of fraud and money laundering in connection with the alleged Punjab National Bank (PNB) scam.

Mr. Modi, 52, is wanted by Indian authorities in relation to an estimated ₹13,500 crore (approximately $1.6 billion USD) fraud at Punjab National Bank, one of India's largest state-owned banks. He is accused of conspiring with bank officials to obtain fraudulent Letters of Undertaking (LoUs) and Foreign Letters of Credit (FLCs) to facilitate his diamond import-export business, diverting funds for personal gain. He fled India in early 2018 before the allegations surfaced and was subsequently arrested in London in March 2019.

The legal battle for his extradition has been protracted in the United Kingdom. In February 2021, Westminster Magistrates' Court ruled in favour of extradition, rejecting arguments put forth by Mr. Modi's legal team regarding his mental health and the conditions of Indian prisons, specifically Mumbai's Arthur Road Jail, where he is expected to be held. District Judge Sam Goozee concluded that there was no evidence to suggest that extradition would be oppressive or unjust, or that Mr. Modi would not receive a fair trial.

Following the Magistrates' Court's decision, the UK Home Secretary, then Priti Patel, approved the extradition order in April 2021. Mr. Modi subsequently challenged this decision in the High Court in London, where his legal team primarily focused on his mental health and the risk of suicide if extradited. However, in November 2022, the High Court also dismissed his appeal, stating that the assurances provided by the Indian government regarding his medical care and prison conditions were sufficient.

The legal process continued to the UK Supreme Court. In December 2023, Mr. Modi made an application for permission to appeal to the Supreme Court, the highest judicial authority in the UK. This application was also denied, effectively exhausting all domestic legal avenues in the United Kingdom to prevent his extradition.

With the UK legal system having reached its conclusion, Mr. Modi’s legal team has now turned to the ECHR. The application seeks an interim measure under Rule 39 of the Rules of Court, which allows the ECHR to indicate to a state that an individual should not be extradited while the Court examines the merits of their case. Such measures are typically granted in urgent situations where there is an imminent risk of irreparable harm, often invoked under Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.

The ECHR will now assess the application. If the court grants an interim measure, it would temporarily halt Mr. Modi’s extradition to India until the ECHR has considered the full arguments of his case. If the application for an interim measure is rejected, the UK government could proceed with his extradition to India. The timeline for the ECHR's decision on the interim measure can vary, but these decisions are generally expedited given the urgency of the matter.

The outcome of this application will determine the immediate next step in the protracted legal process surrounding Mr. Modi's extradition, which has been closely watched by both Indian and international authorities.