AN Indian businessman on Friday (28) won his appeal against extradition from Britain, with London's High Court ruling there was a risk of torture or other mistreatment in his homeland.
London-based Sanjay Bhandari, 63 and described by his lawyers as a defence sector consultant, is wanted in India on charges of tax evasion and money laundering.
He previously sued French defence and technology firm Thales in France, claiming payment for his help in obtaining a fighter jet maintenance deal in India, which Thales denied.
After being picked up at India's request, British ministers ordered Bhandari's extradition in January 2023. But he successfully appealed to the High Court, which ruled that extraditing him would breach his human rights because of the high risk of mistreatment in custody in India.
The court's ruling contains stinging criticism of the Indian justice system, saying torture is used to obtain confessions, prisoners are at high risk of extortion and inmates have been killed by or in front of prison officers.
India's High Commission in London and Bhandari's lawyer did not immediately reply to a request for comment.
The judges, Timothy Holroyde and Karen Steyn, said in a written ruling that the use of torture to obtain confessions was endemic.
"It is apparent that the acceptance in India of torture or other serious mistreatment as a method of evidence-gathering extends beyond the police and investigating bodies, such that it is unlikely that the appellant (Bhandari) could look to prison officials for protection from the organisations that are engaged in investigating him," their ruling said.
They also referred to conditions at New Dehli's Tihar jail, where Bhandari would be held and where his lawyers said there was a culture of violence and extortion. The court cited a prisoner's murder in front of guards in 2023.
(Reuters)
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