Arms dealer 'linked to Vadra' now a fugitive
The order, which was reserved by the court of Special Judge Sanjeev Aggarwal on May 24, was pronounced on Saturday.
"Extradition attempt may have failed, but it will not make accused angel or immune from the prosecution for the violation of Indian laws. FEO proceedings are another way of making one come back to India to face trial by coercing him to return by attachment, confiscation of properties of such fugitive economic offender and proceeds of crime, and by disentitling the such fugitive economic offender from putting forward or defending any civil claim," the judge said in his 100-page judgment.
"...this court is satisfied that Sanjay Bhandari is a fugitive economic offender under section 12(1) of the Fugitive Economic Offenders Act, 2018, and is declared as such under the above provision(s)" of the Act, he said.
ED and I-T department had in the extradition proceedings claimed that Bhandari had undisclosed foreign income worth Rs 655 crore on which he evaded tax worth Rs 196 crore.
The middleman in defence deals, allegedly a key factor in deals like that of trainer aircraft Pilatus, deposited huge amounts of money in bank accounts of overseas shell companies and also invested in properties in the UAE and the UK between 2009 and 2016.
by Taboola
by Taboola
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The case against Bhandari has an important political dimension - his alleged links with
Robert Vadra
, spouse of Congress MP Priyanka Gandhi Vadra. Robert is also being probed for his links with Bhandari, who fled to London when multiple agencies started investigating him in 2016.
The judgment came on the ED's application filed under the Act in 2019. The court said the "fugitive" tag is to an individual who has committed schedule offence or offences involving an amount of Rs 100 crore or more and who has absconded or refused to return to avoid criminal prosecution.
This will allow ED to confiscate his properties anywhere in the world and bar Bhandari, who is wanted by Indian agencies in multiple cases, from filing or defending any civil proceedings in India.
The judge dismissed Bhandari's counsel's argument that the UK high court's order disallowing ED's plea for his extradition makes him eligible to stay in London, and therefore, FEO won't apply to him. "The said argument is without any substance as the extradition failure will not make any difference as the extradition of the accused was one of the means to bring the accused to India to face trial in the said offence under Section 51 of the Black Money Act," the judge said.
The court stressed Bhandari wilfully refused to return to face criminal prosecution, and said, "...this court is satisfied that the total value of the schedule offence is Rs 100 crore or more i.e. the schedule to the present FEO Act which is Section 51 of Black Money Act."
The court also rejected Bhandari's contention that declaring him a fugitive economic offender entails very serious consequences, effectively amounting to economic death penalty. "Bhandari always has an option to return... when he chooses not to return to India, he cannot take the plea of avoiding all the legal consequences... In any case those who play with fire should be aware of its consequences," the court said.
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