On Wednesday the executive court docket of the excessive court docket confirmed to TOI that Nirav has submitted an software requesting permission to attraction the excessive court docket determination dismissing his attraction and that he has additionally requested the excessive court docket to certify factors of regulation of normal public significance. The latter is crucial as with no level of regulation being licensed, Nirav can’t attraction to the Supreme Courtroom.
The Indian authorities now want to reply to his software after which the applying shall be referred to the judges.
A choice is more likely to happen on paper, with out an oral listening to, and a pronouncement is predicted inside a month.
On November 9, the executive court docket of the excessive court docket had dismissed Nirav’s attraction towards the decrease court docket’s determination to extradite him to India. The 51-year-old, who continues to be in Wandsworth jail, had 14 days from November 9 to lodge an software on the excessive court docket looking for depart to attraction that call and get a degree of regulation of normal public significance that got here up in that case licensed.
If the court docket does certify a degree of regulation however refuses permission to attraction, he has 14 days from that date to use for depart to attraction immediately within the supreme court docket. If the excessive court docket doesn’t certify a degree of regulation, then the supreme court docket has no jurisdiction and he should be extradited inside 28 days of the choice. Liquor tycoon Vijay Mallya, who additionally lives in London, didn’t get any factors of regulation of public significance licensed in his case so the SC couldn’t hear his case.
Nirav’s solely choice left then can be to method the European Courtroom of Human Rights in Strasbourg for an emergency injunction to stop his elimination to India on human rights grounds. Such injunctions are notoriously tough to get. Cricket bookie Sanjeev Chawla didn’t get such an injunction and was escorted again to Delhi quickly afterwards.
The purpose of regulation which Nirav is looking for the Supreme Courtroom to think about is, TOI has learnt, the Turner proposition. The present take a look at for whether or not it’s oppressive or unjust to extradite somebody (often called Part 91) was established in case regulation, particularly Turner vs Govt of the USA 2012. The Turner take a look at holds that to be thought-about oppressive, the psychological situation of the particular person being extradited should be such that “it removes his or her capability to withstand the impulse to commit suicide”. Nirav’s lawyer, Edward Fitzgerald KC, argued all through Nirav’s attraction listening to that the Turner take a look at is the mistaken take a look at and must be rewritten.
The Indian authorities try to extradite Nirav from the UK to India to face fees of defrauding Punjab Nationwide Financial institution of over £700 million (Rs 7,000 crore), cash laundering, and destroying proof and intimidating witnesses.