The Westminster Court in the United Kingdom, on Monday, gave its nod for the extradition of Sanjay Bhandari, an accused middleman and consultant in arms deals, giving a shot in the arm to the Enforcement Directorate’s efforts to bring him back to face charges of money laundering and stashing black money aboard. The charges were slapped against him by ED and Income Tax.
The UK court passed an order saying it is satisfied that his extradition is compatible with the Convention rights—a reference to the plea of right to life and prohibition of torture and inhuman treatment, taken by fugitives wanted in India to avoid extradition—based on assurances provided by the investigating agency.
It may be recalled that fugitive diamantaire Nirav Modi had taken a similar plea, alleging poor prison conditions to avoid extradition. Bhandari’s case can give a fillip to efforts being made by the government to bring back other economic offenders, especially from the UK.
The UK court has sent Bhandari’s case to the Secretary of State for a final decision.
The case got a shot in the arm after the government provided further information in a letter on September 24, 2022, which said the prosecution has produced all the evidence and the trial will begin when Bhandari is in India. It assured the court of the charges levelled against him under the Black Money Act 2015 as well as the Prevention of Money Laundering Act. The high conviction rate of 94.74 percent of the ED was also cited in the court, adding that Bhandari had approached various judicial forums but his applications had been disposed of swiftly.
The UK court observed that the special court hearing the ED case has already “taken cognizance” of the offence under section 3 of PMLA on the basis that “the offence under the Black Money Act 2015 is by its nature an offence of cross-border implication”.
The court stressed the role of the “ independent judiciary” in India, observing that it has longstanding extradition arrangements with the UK, which benefits from the presumption of good faith, and expressed satisfaction that the requests do not constitute an abuse of the extradition process.
The court also noted that the offences under the PMLA and BMA were introduced by the Indian government to align with “international standards” and “to address the significant criminality arising from tax avoidance and money laundering.”
Notably, Bhandari is being investigated in other matters as well—by the Delhi Police for offences under the Official Secrets Act 1923, by CBI for two cases of criminal conspiracy, cheating, and “acceptance of illegal gratification, and by the Enforcement Directorate for two money laundering cases arising from the CBI investigation.
All cases are being investigated in Delhi. The government told the UK court that it will adhere to the treaty obligations and he will be kept in Tihar jail. It informed the UK court that 6,433 CCTV cameras were installed in Delhi prisons in 2020-21 and an additional 534 CCTV cameras were being installed. A serious view is taken of any prison official found to be conniving with inmates or indulging in any illegal activity, it said.
Finally, it said Bhandari, when extradited, will be kept alone in a well-lit cell with dimensions of approximately 15.6 square meters. He will have access to proper bedding, clean and drinkable water, four meals, fresh air, and open space for exercise. His ward will be guarded 24/7 which includes CCTV surveillance for monitoring by senior officers of the jail. Yoga, meditation and spiritual facilities are also provided to inmates, the government informed the UK Court.