Court grants time to arms dealer Sanjay Bhandari to avail legal remedy against order declaring him fugitive

India Gazette

3 days ago

New Delhi [India], July 12 (ANI): Delhi's Rouse Avenue court on Saturday granted time to Arms dealer Sanjay Bhandari to exhaust statutory legal remedy against the order declaring him a fugitive economic offender.
Bhandari was declared a fugitive economic offender on July 5. The second step is the confiscation of his properties.
Special judge Sanjay Jindal granted time to Bhandari's counsel till August 2.
Meanwhile, the court adjourned the hearing on the Enforcement Directorate (ED)'s plea seeking confiscation of Sanjay Bhandari's properties.
Bhandari's counsel sought time to challenge the order declaring Bhandari a fugitive economic offender.
Special Counsel Zoheb Hossain, along with Special Public Prosecutor (SPP) Naveen Kumar Matta and Mohd Faizan, appeared for the ED.
It was submitted that notices have already been served on the application. Three noticees have already filed their reply.
Zoheb Hosain mentioned before the court that there is a list which includes properties to be included in India, Dubai, and the UK, benami property in Noida and Gurugram, a series of bank accounts in his and his wife's name, jewellery and cash, immovable property in India in Vasant Vihar, Panchsheel shopping complex, and property in Shahpur Jat.
On the other hand, counsel for Bhandari sought time on the ground that there is a 30-day time limit to challenge the order before the high court. He prayed to adjourn the time he exhausted his legal remedy against the order.
It was also submitted by the counsel that others have an opportunity to make their submissions on the application. 'I have a statutory remedy. Let me exhaust my statutory remedy. The properties mentioned are already attached by the ED,' the counsel said.
Zoheb Hossain opposed the submissions by submitting that no adjournment can be sought on the ground of filing an appeal. He said that Bandari's Counsel cannot make submissions on behalf of other notices.
On July 5, a Delhi special court declared UK-based arms dealer Sanjay Bhandari a fugitive Economic Offender under the Fugitive Economic Offenders (FEO) Act, in connection with an income tax case involving undisclosed foreign assets.
Additional Sessions Judge Sanjeev Aggarwal passed the order following a plea by the Enforcement Directorate (ED), which has alleged that Bhandari had deliberately evaded Indian legal proceedings and possessed foreign assets exceeding Rs 100 crore. The agency emphasised that the UK court's refusal to extradite Bhandari had no bearing on the current proceedings, which are independent and governed by Indian law.
Bhandari, however, contested the ED's plea, arguing that his residence in the UK is lawful and backed by a ruling from the London High Court, which denied his extradition, citing concerns over his safety in Tihar jail. His counsel, senior advocate Maninder Singh, claimed the ED's application was vague, lacked jurisdiction, and failed to meet the legal threshold under the FEO Act.
Singh had further argued that the monetary value of the alleged offence did not exceed Rs 100 crore, referencing a 2020 submission by the Income Tax Department. He also pointed out that the UK High Court had discharged Bhandari, and no fresh warrants were pending against him.
The UK High Court had earlier blocked Bhandari's extradition on human rights grounds, citing risks of extortion and violence in Indian custody. The Indian government's subsequent attempt to challenge the decision in Britain's Supreme Court was also rejected. (ANI)