The Westminster’s Court docket in London, whereas ordering the extradition of fugitive arms supplier Sanjay Bhandari on Monday, relied on the affidavits filed by Indian businesses based mostly on data obtained from the UK, the UAE and Panama about his overseas revenue and belongings, witness statements, Bhandari’s personal assertion earlier than the authorities in addition to assurances given by the Indian authorities that he won’t be ill-treated.
The court docket praised the Indian judicial system terming it as “impartial” and “neutral” whereas rejecting Bhandari’s assertions that there’s a tradition of violence and extortion by workers towards prisoners in Tihar jail, the place he would doubtless be lodged if despatched again to India.
Citing the Indian authorities’s affidavit, district choose Michael Snow mentioned: “…as an Indian citizen, Bhandari was liable to be taxed on his world revenue. He didn’t disclose that revenue (or his belongings) with the intent to keep away from paying tax on that undisclosed revenue. He used his undisclosed overseas revenue to amass overseas belongings.”
In accordance with the documentary proof shared by the Enforcement Directorate (ED) and the Revenue Tax division throughout the extradition proceedings, Bhandari (60) had undisclosed overseas revenue value £64,857,062 (round ₹606 crore) on which he evaded tax value £19,558,295 (round ₹183 crore).
He deposited large sums of cash in financial institution accounts of abroad shell corporations and invested in properties within the UAE and the UK (between 2009 and 2016). The funds had been disguised in properties held by means of varied offshore entities based mostly within the British Virgin Islands (‘BVI’) and Panama.
Among the properties and firms owned by Bhandari, listed within the judgement, are : Flat 6, Grosvenor Hill Court docket, Bourdon Avenue, London (purchased in 2013; owned by the company Shamlan Gros-1 Inc, integrated in Panama), Flat C-303, Maurya Grandeur Residences, Palm Jumerirah, Dubai (2014), Santech Worldwide FZC, Offset India Options FZC and Petro World Applied sciences Restricted in UAE (created over a time period), Shamlan Gros-1 INC, an organization integrated in Panama; and Flat 2414 at Burj Khalifa, Dubai (bought in November 2014).
The central businesses obtained paperwork relating to these properties and firms from the UAE, the UK and Panama.
Bhandari is below investigation by a number of businesses, together with the Enforcement Directorate, Central Bureau of Investigation (CBI), Revenue Tax division and Delhi Police for cash laundering, violation of the overseas alternate act, the black cash act, and the official secrets and techniques act for getting access to delicate defence paperwork.
He fled to the UK by way of Nepal in December 2016.
The Indian authorities despatched two extradition requests towards the fugitive businessman which had been licensed by the then UK dwelling secretary Priti Patel in June 2020, after which British authorities arrested him on July 15, 2020. He’s out on bail.
The arms supplier can also be below investigation since 2019 by the CBI on expenses of corruption in a ₹2,985-crore deal in 2009 to obtain 75 PC-7 coach plane from Swiss aircraft maker Pilatus Plane.
He’s additionally below the scanner for allegedly laundering cash associated to property transactions allegedly linked to former Congress president Sonia Gandhi’s son-in-law Robert Vadra in London, wherein a NRI businessman C C Thampi was arrested by the ED in January 2020.
Dismissing Bhandari’s argument of torture, if extradited, the choose mentioned the Indian judiciary is powerful, with courts figuring out circumstances on advantage. “India has a strong and impartial judiciary. People have entry to the courts which respect the rule of regulation. The courts decide circumstances on their deserves and don’t at all times rule in favour of the Authorities. The federal government should adjust to the rulings of the Supreme Court docket. I’m fairly glad that India is ruled by the rule of regulation.”
On the peace of mind given by the Indian authorities on September 16, 2021, that Bhandari will probably be stored in a single cell of ward quantity 4 of Tihar jail, the choose famous on Monday: “I’m glad that the Authorities of India wouldn’t have given this assurance if there was an actual danger that it will not be honoured. I’ve already rejected the assertion that there’s a tradition of violence and extortion by workers towards prisoners in Tihar.”
An extra assurance was given by Indian authorities on September 28 this yr relating to jail circumstances. Subsequently, to fortify its assurances by confirming that Bhandari won’t be faraway from jail for any function apart from to attend court docket, Snow despatched an e mail to legal professionals representing Indian aspect “urgently” asking to supply supplemental data. Indian authorities on October 31 despatched an additional assurance signed by an under-secretary rank officer.
“India is a pleasant nation ruled by the rule of regulation. I’ve not been made conscious of any assurance that has not been honoured. He could have entry to his advocate when required. There may be an unique grievance redress mechanism (in India). Prisons are usually visited by inspecting judges. There are additionally visits by notified NGO’s, NHRC officers, official guests/non-official go to by the Delhi authorities and others. Assurances from India have been accepted by the Excessive Court docket on this nation,” Snow added.
The choose additionally rejected Bhandari’s declare that his human rights could be violated (below Article 3 of the European Conference of Human Rights in mild of jail circumstances in India), if extradited to India.
On Bhandari’s claims that his extradition will abuse the method of regulation if a court docket prevents his prosecution, Snow mentioned: “The prosecution of the defendant stays on-going in India. India has longstanding extradition preparations with the UK, it advantages from the presumption of fine religion.”