Arms dealer Sanjay Bhandari's extradition from London faces uncertainty

The law firm representing Bhandari had argued before Justice Saini that he cannot be extradited to India as it would place him at a 'real risk of suffering inhuman and degrading treatment'. Similar arguments have been used by Vijay Mallya and Nirav Modi.

- ABHINANDAN MISHRA

Wanted arms dealer Sanjay Bhandari, who is evading Indian justice system by staying in London, has got more time to stay away from India after a high court in London on 19 March decided that he has been able to successfully prove that the 7 November 2022 order of the lower court that had ordered him to be extradited, was violating three sections of the Extradition Act, 2003 of UK.

Bhandari’s extradition by the lower court was confirmed by the then Home Secretary, Suella Braverman on 12 January 2023, which was challenged by Bhandari in the high court.
These three sections are Sections 78 (4), 84 (1) and 87 of the Act.

Section 78(4) talks about whether the offences for which the accused has been charged are extradition offences; Section 84(1) deals with whether there is a prima facie case against the accused in respect of all the charges that he has been accused of; while Section 87 asks the judge to decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998.