
Delhi court declares arms dealer Sanjay Bhandari fugitive
Sanjay Bhandari
a
fugitive economic offender
(FEO), finding force in the
Enforcement Directorate
's (ED) case accusing him of
money laundering
.
Significantly, the Court did not find "any substance" in the ground taken by Bhandari's counsel that since the
UK High Court
(in February) turned down the Indian government's
extradition request
, Bhandari has a right to reside in the UK.
The court rejected the argument of Bhandari's counsel that the failure of India's extradition request in the UK High Court in February gave him the right to reside in the UK. "Extradition attempt may have failed, but it will not make the accused an angel or immune from prosecution for the violation of Indian laws," it observed in its detailed order.
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by Taboola
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The court said it is "satisfied" that Bhandari - against whom a non-bailable warrant stands issued by a
Delhi Court
under the
Black Money Act
and who has committed schedule offence or offence(s) involving an amount of ₹100 crore or more - has left India to avoid
criminal prosecution
and that "he wilfully refuses" to return to face prosecution.
"FEO proceedings are another way of making one come back to India to face trial by coercing him to return by attachment, confiscation of the properties of such fugitive economic offender and proceeds of crime and by dis-entitling such fugitive economic offender from putting forward or defending any civil claim," the order said.
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Bhandari "always has an option to return back to India to get the termination of proceedings under
FEO Act
and to avoid adverse consequences," it clarified. Therefore, when he chooses not to return, "he cannot take the plea of avoiding all the legal consequences including that of Section 14 of the FEO Act," the special court said.
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