Arms dealer Sanjay Bhandari allowed to challenge his extradition from UK to India

Sanjay Bhandari, a UK-based arms dealer, who is wanted in India, got a court’s go-ahead to appeal against his extradition to India.

The High Court in London granted Sanjay Bhandari a chance to appeal against his extradition order, which would have resulted in him being sent back to India to face trial.

This decision comes after Bhandari, accused of tax evasion and money laundering charges in India, faced an extradition order by Westminster Magistrates’ Court in November 2022.

UK Secretary of State Suella Braverman issued the order for his extradition to India last year after the order by the Westminster court, reported news agency PTI.

However, the 62-year-old businessman, who offered consultancy services to defence manufacturers bidding for Indian government contracts through his firm Offset India Solutions, had sought permission to appeal against the verdict.

“I am satisfied that the grounds are reasonably arguable,” ruled Justice Pushpinder Saini after a half-day renewal appeal hearing on Thursday.

The case will now proceed to a four-day substantive hearing at the Royal Courts of Justice in London later this year.

Represented by Janes Solicitors, Bhandari sought permission to appeal against the lower court verdict on eight grounds, three of which were granted in a court order by Justice Robert Jay last October, with four others approved during this week’s hearing.

The High Court’s decision has made way for a four-day substantive hearing later this year at the Royal Courts of Justice in London.

“The further evidence will be considered at the substantive hearing de bene esse, without prejudice to the Respondent’s (Government of India) case that it is not decisive,” read Justice Jay’s order from last year.

Justice Saini permitted Bhandari to appeal on grounds 1, 2, and 6, along with others covering human rights issues, reversed burden of truth, and system delays.

These grounds were deemed relevant because of prolonged pre-trial detention in an Indian prison before an extradition hearing.

The appeal was based on the assertion that the District Judge made erroneous conclusions regarding the extradition offences and the establishment of a prima facie case against Bhandari.

On the other hand, the Government of India, represented by barrister Alex du Sautoy for the UK’s Crown Prosecution Service (CPS), argued that there was “no merit in any of the renewed grounds of appeal and permission ought to be refused”.

Bhandari’s conduct, alleged to involve concealing overseas assets and providing false information to tax authorities, is being challenged as potentially constituting “fraud by false representation” in British jurisdiction, which will now be subject to a High Court challenge.