High Court quashes extradition order to India on article 3 and 6 grounds

The Divisional Court handed down its judgment in Bhandari v India today and quashed the order for Mr Bhandari’s extradition.  The Court, per Holroyde LJ and Steyn J, held that there was a real risk of a violation of his article 3 ECHR rights due to the use of torture and mistreatment to obtain confessions being commonplace and endemic in India, and the prison provided no effective protection.  Mr Bhandari also faced a real risk of violence and extortion in Tihar prison.  The Court also concluded that Mr Bhandari faced a flagrant denial of justice, in violation of Article 6 ECHR, due to the reverse burden of proof imposed on a defendant under the Black Money Act 2015. 

Edward Fitzgerald KC, leading James Stansfeld and Robbie Stern of Matrix, represented Mr Bhandari. They were instructed by Robert Berg and Alex Chapman of Janes Solicitors. 

The judgment is available here.