An Indian businessman won his extradition appeal from the UK to India at the London high court, on Friday. The London High Court ruled that extraditing him would violate his human rights. Moreover, it cautioned that India might subject him to torture. Subsequently, Sanjay Bhandari, a defense consultant facing charges of tax evasion and money laundering in India. Initiated a lengthy legal battle, which led to this decision.
Concerns Over Torture and Inhumane Treatment
Sanjay Bhandari’s extradition would put him at risk of torture and other ill-treatment by Indian police and investigative agencies, his lawyers argued. Timothy Holroyde and Karen Steyn, the high court judges of the UK, seem to agree with this. They noticed torture is widespread and systemic in India.
The judges mentioned that it is common for torture to occur in India that is aimed to elicit confessions. Further, they note that the violence by investigative officers with the goal to extort money is also a major concern. The judges explained that the police did not exclusively carry out the practice. Instead, other investigating agencies actively engaged in it. Also, a prisoner like Bhandari may not be able to get protection from the prison authorities as they may also be an abuser.
Legal Implications and Future Developments
Because of this ruling, Bhandari will not be sent back to India unless an appeal is made. Bhandari is smiling with the decision as he had been fighting extradition order of British ministers since January 2023. The case raised important human rights issues relating to international extradition to countries which have documented problems with executing allegations against criminals and treatment of detainees in prisons. This UK extradition appeal is expected to have a significant impact on similar future cases.
The ruling has not yet been commented on by India’s High Commission in London. The decision can have larger effects on other extradition incidents, especially those that involve claims of human rights violations in the requesting state. Such cases, including the UK extradition appeal of Bhandari, require careful consideration of human rights implications.
