Ruling against Sanjay Bhandari’s extradition raises concerns

Top Indian government and law enforcement officers are concerned that the UK high court’s decision on Tuesday not allowing New Delhi to go to the Supreme Court against its decision on the extradition of arms dealer Sanjay Bhandari sets a precedent and may make it “almost impossible”, to extradite other wanted criminals from the UK, including Vijay Mallya and Nirav Modi .

An observation in the high court ruling that “Bhandari would be at real risk of extortion, torture or violence in Tihar jail, from other prisoners or prison officials”, may weaken India’s other extradition requests . Apart from the UK, fugitives fighting extradition in the US, Europe, and other countries may also use this argument to their advantage, the people added, asking not to be identified.

Indian government data reveals that 178 extradition requests of Indian agencies for economic offenders, terrorists and others are pending with various countries.

Of these, over 20 requests are pending with the UK alone.

Some of the high-profile fugitives wanted by Indian agencies include former liquor baron Vijay Mallya, diamantaire Nirav Modi (both are in the UK), jeweller Mehul Choksi (Belgium), Islamic preacher Zakir Naik (Malaysia), Chetan and Nitin Sandesara (Nigeria), underworld don Iqbal Mirchi’s wife Hajra Memon and their sons Asiq Iqbal Memon and Junaid Iqbal Memon also in the UK), Khalistani leader Gurpatwant Singh Pannun (the US), and gangster Goldy Brar (Canada).

India has extradition treaty with 48 countries and extradition arrangements with 12.

“The Sanjay Bhandari ruling has wider ramifications in all these and other extradition requests. Poor jail conditions in India are cited by all fugitives and the UK high court decision has set a precedent. It will be difficult to get anyone from some of these countries,” said a senior officer in the Indian government.

Askedabout a Plan B in Bhandari’s case, this officer admitted : “He is not coming through extradition route for sure”.

Still, while the high court’s decision makes Sanjay Bhandari a free man , Indian officials pointed out that he is living illegally in London as his passport was impounded on March 21, 2018, under the passport act, 1967.

The federal agency is now focusing on declaring Bhandari a fugitive economic offender under the FEO act. “The matter is pending before a Delhi court and a decision soon be out soon,” said a second? officer.

Declaring him a FEO will allow ED to seize his properties anywhere in the world, this officer added.

Brought in by the government in 2018 to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts, the FEO act empowers authorities to confiscate and attach proceeds of crimes and assets when the amount involved in the case is higher than ₹100 crore. Such attachment is not linked to conviction.

So far, FEO proceedings have been initiated against 24 persons, out of which 13 including Vijay Mallya and Nirav Modi have been declared FEO by the courts.

According to ED and the Income Tax department during the extradition proceedings, Bhandari had undisclosed foreign income worth £64,857,062 (around ₹606 crore) on which he evaded tax worth £19,558,295 (around ₹183 crore). The middleman in defence deals deposited huge amounts of money in bank accounts of overseas shell companies and also invested in properties in the UAE and the UK (between 2009 and 2016).

He is also under investigation since 2019 by the Central Bureau of Investigation (CBI) on charges of corruption in a ₹2,985-crore deal in 2009 to procure 75 PC-7 trainer aircraft from Swiss plane maker Pilatus Aircraft and for allegedly laundering money for properties allegedly linked to former Congress president Sonia Gandhi’s son-in-law Robert Vadra in London, in which NRI businessman C C Thampi was arrested by the ED in January 2020.

He fled from India in 2016 via Nepal and an Interpol red notice was issued against him in October 2017.

The Indian government sent two extradition requests against the fugitive businessman which were certified by the then UK home secretary Priti Patel in June 2020, after which, British authorities arrested him on July 15, 2020. A court however, released him on bail pending extradition proceedings.

A Westminster Court subsequently ordered his extradition to India in November 2022 but he challenged this successfully in the high court.