Big win for India: UK court allows extradition of fugitive arms dealer Sanjay Bhandari

The Westminster Magistrates' Court in London, United Kingdom ruled on Monday that Sanjay Bhandari, an accused arms dealer and proclaimed offender wanted in India, can be extradited to India. 

An alleged aide of Robert Vadra, Bhandari faced two extradition requests from the Indian authorities, the first related to money laundering and the second to tax evasion. The Indian government's extradition request for Bhandari had been certified by UK's then Home Secretary Priti Patel on June 16, 2020, and he was arrested a month later on July 15. 

The London-based businessman has been on bail on a security provided to the court as he fought extradition on the cases against him by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). 

Sanjay Bhandari to be extradited 

Subsequently, the Westminster Magistrates' Court in London hearing the extradition case had set the trial date in the case for 2022. District Judge Michael Snow, who was presiding over the case, concluded that there are no bars to him being extradited and decided to send the case to UK Home Secretary Suella Braverman, who is authorised to order the extradition based on the court order.

As I am satisfied that extradition is compatible with the defendant's Convention rights, I must send this case to the Secretary of State [Braverman] for a decision as to whether the defendant is to be extradited, Judge Snow said in his judgment.

However, I only do so on the basis of the Assurances that have been provided by the Government, he said, with reference to Indian government assurances that Bhandari will be held in a separate cell at Tihar Jail in New Delhi with relevant healthcare provisions while he faces trial in India.

Next steps...

• Under the India-UK Extradition Treaty, the UK Home Office  has to also formally certify the court order for Sanjay Bhandari to be extradited to India within 28 days. 

Cases against Sanjay Bhandari?

According to the court documents, Bhandari is wanted in India for intended prosecution for an offence of money laundering contrary to the Prevention of Money Laundering Act (PMLA) 2002 and for offences of tax evasion contrary to the Black Money (Undisclosed Foreign Income and Asset), Imposition of Tax Act 2015 and Income Tax Act 1961.

During the investigation, the agencies allegedly found that Sanjay Bhandari had incorporated various entities in UAE as owner / beneficial owner and also had a financial interest in entity incorporated in Panama.It was also revealed that all those foreign assets and entities were not disclosed by Sanjay Bhandari to the Income Tax authorities. 

He denies the allegations.

The UK's Crown Prosecution Service (CPS), on behalf of the Indian authorities, argued that Bhandari's conduct amounts to "fraud by false representation" in the British jurisdiction. 

(With agency inputs)