NEW DELHI: London high court on Tuesday rejected Indian government’s application to appeal in the UK Supreme Court against the discharge of Sanjay Bhandari, a defence consultant wanted on charges of tax evasion and money laundering. The judgement also said that Bhandari, in Tihar jail, would be at risk “of extortion and violence” from “other prisoners and prison officials”
“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,” their judgment said.
The application, part of a two-step process to escalate the case to the UK Supreme Court, was the government’s first move—but with this stage denied, officials have yet to confirm whether they will seek direct permission from the Supreme Court.
“The court received an application from the government of India seeking certification of points of law of general importance and grant leave to appeal to the Supreme Court,” justice Timothy Holroyde said.
“Having considered the written submissions, the court is satisfied that no oral hearing is necessary, and no further submissions required. The two points on which leave to appeal was sought is refused. The reasons being that neither of the points of law of general importance were involved in the court’s decision,” he added.
The court granted Bhandari’s appeal against extradition on human rights grounds, ruling that sending him to India would breach Article 3 of the European Convention on Human Rights (ECHR) due to concerns over the conditions of his proposed custody in Tihar Jail. Additionally, the court upheld a second ground under Article 6 of the ECHR, citing concerns about the burden and standard of proof in Indian criminal trials, which could undermine his right to a fair trial.
Bhandari was ordered to be discharged in February after a ruling by Westminster Magistrates’ Court in November 2022, which led to the withdrawal of then UK home secretary Suella Braverman’s extradition order.
He faced two separate extradition requests from India—one certified in June 2020 for alleged money laundering under the Prevention of Money Laundering Act, 2002, and another in June 2021 for allegedly attempting to evade tax under the Black Money Act, 2015.
