Considerably, the Court docket didn't discover “any substance” within the floor taken by Bhandari's counsel that because the UK Excessive Court docket (in February) turned down the Indian authorities's extradition request, Bhandari has a proper to reside within the UK.
The court docket rejected the argument of Bhandari's counsel that the failure of India's extradition request within the UK Excessive Court docket in February gave him the appropriate to reside within the UK. “Extradition try might have failed, however it won't make the accused an angel or immune from prosecution for the violation of Indian legal guidelines,” it noticed in its detailed order.
The court docket mentioned it's “glad” that Bhandari – towards whom a non-bailable warrant stands issued by a Delhi Court docket beneath the Black Cash Act and who has dedicated schedule offence or offence(s) involving an quantity of ₹100 crore or extra – has left India to keep away from prison prosecution and that “he wilfully refuses” to return to face prosecution.
“FEO proceedings are one other manner of constructing one come again to India to face trial by coercing him to return by attachment, confiscation of the properties of such fugitive financial offender and proceeds of crime and by dis-entitling such fugitive financial offender from placing ahead or defending any civil declare,” the order mentioned.
Bhandari “all the time has an choice to return again to India to get the termination of proceedings beneath FEO Act and to keep away from antagonistic penalties,” it clarified. Subsequently, when he chooses to not return, “he can not take the plea of avoiding all of the authorized penalties together with that of Part 14 of the FEO Act,” the particular court docket mentioned.
