Top Indian government and law enforcement officials are worried. A recent decision by the UK high court stopped India from appealing to extradite Sanjay Bhandari, an arms dealer. This ruling could set a worrying precedent, making it very hard for India to bring back other wanted criminals like Vijay Mallya and Nirav Modi from the UK.
The court mentioned that Bhandari might face serious risks, like extortion or violence, if he were sent to Tihar jail in India. This statement could make it tougher for India to request the extradition of other criminals because fugitives in other countries might use similar claims to avoid being sent back.
There are currently 178 extradition requests from India to various countries, with more than 20 specifically pending in the UK. High-profile fugitives include:
– Vijay Mallya: The former liquor baron who owes money.
– Nirav Modi: The jeweler involved in a big fraud case.
– Mehul Choksi: Another fugitive in Belgium.
– Zakir Naik: An Islamic preacher in Malaysia.
– Other criminals in countries like Nigeria, the US, and Canada.
India has extradition treaties with 48 countries and arrangements with 12 others. Due to the recent ruling, many fugitives could use the argument of poor prison conditions in India to their advantage.
A senior official said, “The Sanjay Bhandari ruling could affect all these other extradition requests. It will be challenging to get anyone from some of these countries.”
As for Bhandari, he is not coming back to India through extradition. His passport was taken away in March 2018, which means he is living in the UK illegally.
Indian officials are now trying to declare him a Fugitive Economic Offender (FEO), which means they can take his assets worldwide. There’s a decision coming soon from a court in Delhi.
The FEO law was made in 2018 to stop economic offenders from hiding outside India. The law helps authorities confiscate illegally gained money and properties, provided the case involves more than ₹100 crore ($12 million).
Bhandari is under investigation for having undeclared income of about £64.85 million (around ₹606 crore) and evading taxes. He is accused of being involved in large defense contracts and other corruption cases involving high-profile individuals.
In 2016, he fled India and an Interpol notice was issued against him. His extradition requests were certified by the former UK home secretary Priti Patel in 2020. British authorities arrested him in July 2020, but he was later released on bail. His request to challenge extradition was accepted by a higher court.
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