UK High Court grants Sanjay Bhandari’s appeal against extradition to India

London: The High Court in London on Friday granted Sanjay Bhandari's appeal against his extradition to India, where the consultant in the defence sector is wanted to face charges of alleged tax evasion and money laundering.

Lord Justice Timothy Holroyde and Justice Karen Steyn handed down their judgment following hearings in December last year to grant the 62-year-old businessman’s appeal on human rights grounds.

The court has now ordered his “discharge” from then UK home secretary Suella Braverman’s extradition order to face criminal proceedings in India on the basis of a Westminster Magistrates’ Court ruling in November 2022.

Bhandari’s lawyers said the administrative paperwork for his release from the bail conditions of an extradition warrant have been processed.

“In our judgment, having regard to all the evidence and information provided on this ground, including the fresh evidence, we conclude that in Tihar prison the appellant (Bhandari) would be at real risk of extortion, accompanied by threatened or actual violence, from other prisoners and/or prison officials,” the judgment notes.

The appeal was granted on the ground that Bhandari’s extradition would not be compatible with his rights under Article 3 of the European Convention on Human Rights (ECHR), on the basis of the assurances provided by the Government of India in respect of his detention at Delhi’s Tihar jail on being extradited and treatment by the police and other investigative bodies while incarcerated.

“The nature of the allegations against him, and the publicity in relation to them in India, are such that he would be perceived (at least) to be a very rich man and therefore a prime target for extortion.

"In view of the extreme overcrowding and very significant level of understaffing in Jail No.3 Tihar prison, it would be very difficult for even the most conscientious of prison officials to protect the appellant from extortion and mistreatment at the hands of other prisoners, including gang members,” the judgment reads.

It adds that the “real risk” faced is not removed by the “assurances” provided by the Indian government.

“It is of vital importance that a sovereign state should ensure any assurances that are given are accurate,” the judges further state, pointing to a discrepancy in the information provided about the condition of the prison cells in Tihar.

The other ground on which the appeal was granted covered whether the extradition would be compatible with the accused’s rights under Article 6 of the ECHR, which refers to the “burden and standard of proof in the criminal trials”.

“As the offence of money laundering is predicated on establishment of the offence of tax evasion, the effect of discharging the appellant on Request 2 is that… there is no prima facie case on Request 1,” the judgment notes.

The Indian authorities could consider applying for permission to appeal against this ruling in the High Court and then on to the Supreme Court, where it can be considered only on points of law of general public importance.

Bhandari was subject to two extradition requests: the first certified in June 2020 concerning an allegation of money laundering contrary to India’s Prevention of Money Laundering Act 2002 and the second certified in June 2021 concerning an allegation of wilfully attempting to evade a tax, penalty or interest chargeable or imposable under India’s Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015.

Bhandari, who offered consultancy services to defence manufacturers bidding for Indian government contracts through his firm Offset India Solutions, had been pursuing his High Court appeal against the verdict of District Judge Michael Snow through Janes Solicitors.

The appeal on other four grounds was dismissed by the High Court judges.