Arms dealer Sanjay Bhandari opposes ED's plea to declare him 'fugitive', calls his stay in UK legal

New Delhi, Apr 20 (PTI) Arms dealer Sanjay Bhandari has opposed ED's plea before a Delhi court seeking to declare him a "fugitive" in connection to a black money case, claiming that his stay in the UK was legal since his extradition to India was denied by the London high court.

Bhandari made the submissions before the court through his lawyer on April 19, claiming that ED's application was "vague, misplaced and without jurisdiction as the same does not comply with the requirements of the Fugitive Offenders Act".

The High Court of Justice, London, UK in February allowed Bhandari's appeal against his extradition to India to face charges of alleged tax evasion and money laundering, saying that in Tihar jail here he would be at "real risk" of extortion, threats and "actual violence" by other prisoners and prison officials.

The High Court of Justice, UK earlier this month also dismissed the petition filed by the Government of India seeking permission to appeal in Britain's Supreme Court against its order.

Bhandari's lawyer, senior advocate Maninder Singh, cited the rulings before special Judge Sanjeev Aggarwal here, claiming that his "client's stay could not be called illegal in the UK as he has a legal right to reside in UK and the GOI is bound by the judgement of the UK court... Bhandari is legally living there, and declaring him a 'fugitive' in that scenario is legally wrong." Singh, assisted by advocates Avneesh Arputham and Aekta Vats, further claimed that as per Fugitive Offenders Act, the value involved in the scheduled offence (black money case against Bhandari in the current matter) is required to be Rs 100 crore or more to declare a person fugitive.

However, when the ED filed its application seeking to declare Bhandari a fugitive, no such assessment by the income tax department was available with them and the court was misled into believing that the value of offence involved was more than Rs 100 crores, he said.

"Further, according to income tax department itself as per their submission before Delhi High Court in a case field by Bhandari to quash the proceedings in March 2020, the value of the offence involved was less than Rs 100 crore," the counsel said.

Further, the non-bailable warrants based on which he was arrested in the UK, he has been discharged as per the judgement of the UK high court and no fresh warrants are pending against him, he said.

The Delhi court has sought ED's rebuttal to Bhandari's argument by May 3 when the judge will further hear the matter.

"Arguments addressed at length by counsel for Bhandari on the application moved on behalf of the ED under Section 4 (declaring fugitive economic offender)... of the Fugitive Economic Offenders Act and concluded.

"At this stage, SPP (special public prosecutor) for the ED seeks some time to address arguments in rebuttal... Not opposed. Time granted in the interest of justice. In these circumstances, put up for arguments in rebuttal on behalf of the ED on the above application of ED on May 3," the judge said on April 19.

The UK high court allowed Bhandari's appeal on human rights grounds.

The court also ordered his "discharge" from the 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.

"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 UK HC judgment noted.

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 said.

It added 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 stated, pointing to a discrepancy in the information provided about the condition of the prison cells in Tihar. PTI UK SJK SKY SKY

Source: PTI