Sanjay Bhandari case: Court issues open-ended NBW against UK national Sumit Chaddha

NEW DELHI: The Rouse Avenue Court of Delhi has issued an open-ended non-bailable warrant (NBW) against UK national Sumit Chadha, newly accused by the Enforcement Directorate in a money laundering related to controversial arms dealer Sanjay Bhandari and others.

Special Judge, in an order passed on December 22, said, "At the request of the Directorate and given the report dated October 16, 2023, I am satisfied that the presence of accused Sumit Chadha cannot be secured through the ordinary process. Open-ended NBWs have been prayed for. NBWs are ordered against accused Sumit Chadha for his arrest and production before this Court accordingly."

After going through the supplementary prosecution complaint (charge sheet) recently filed by ED in a money laundering case, the court said, "Having heard the Special Public Prosecutors for ED and perused the contents of the supplementary complaint, there is sufficient ground for the summoning of accused C.C. Thampi (UAE-based NRI) and Sumit Chadha (UK national) as per the complaint. Summons will be issued for the appearance of accused C.C. Thampi".

"Cognizance of the offence of money laundering as defined in u/Sec. 3 r/w Sec. 17 punishable u/Sec. 4 of PMLA, 2002, has already been taken on October 5, 2020," noted the court.

The Enforcement Directorate has recently filed a supplementary chargesheet in terms of the first provison of Section 44 of the Prevention of Money Laundering Act, 2002 against accused C.C. Thampi as well as accused Sumit Chadha, respectively, for the commission of offence defined under Section 3 of PMLA, 2002 and punishable under Section 4 of PMLA, 2002.

According to ED, accused Sanjay Bhandari had created a web of entities by engaging various individuals based in UAE and the U.K. for the purpose of acquiring several properties outside India. The perusal of the several emails exchanged and filed on record indicate that accused C.C. Thampi and Sumit Chadha were working in tandem and are close confidants of accused Sanjay Bhandari.

ED further added that there is ample material for proceeding against these two accused, gathered during the further investigation and submitted by way of the first supplementary complaint. The summons were issued to accused Sumit Chadha but he refused to receive the summons sent to him through diplomatic channels. He did not respond to the summons.

Advocates Naveen Kumar Matta, Anil Khatri and Mohd Faizan appeared for the Enforcement Directorate in the matter.

Sanjay Bhandari is allegedly a close associate of Priyanka Gandhi's husband, Robert Vadra. Vadra is presently on anticipatory bail in the present case.

It has been alleged that during the UPA era, Bhandari took commission and purchased properties in London whose beneficial owner was Robert Vadra. Robert Vadra denies these charges.

Recently, Rouse Avenue Court allowed Robert Vadra to travel abroad and visit Austria and Switzerland for two weeks and noted that he has travelled abroad on 16 previous occasions; there has not been even a single instance of the applicant tampering with the evidence or interfering with the pending aspects of the investigation.

Vadra's lawyer earlier told the court that the investigation in the said ECIR has been going on for around 6 years and is still pending, yet no proceedings before the court can be said to be pending against the applicant/Vadra nor anything incriminating has been found against the applicant till date; the applicant is, thus, not even an accused as of today.

ED, while opposing Vadra's plea, submitted that, given the influence, political clout and connections of the applicant, it is highly likely that the applicant, if allowed to travel to Austria and Switzerland, the same may frustrate the proceedings as one LR-issued to the appropriate authority in Switzerland in another criminal proceeding against co-accused Sanjay Bhandari is pending and the applicant may interfere with the same.

The co-accused, Sanjay Bhandari has evaded the process of law despite there being an LOC against him and thereafter, a Red Corner Notice (RCN) was issued against him.

Now the extradition process of the main accused, Sanjay Bhandari from the United Kingdom is at a crucial stage. As such, the possibility of the applicant evading the process of law cannot be ruled out, as stated ED in court.

In April this year, the Enforcement Directorate attached a property in Delhi worth Rs 4.50 crore belonging to Sharan Svadha LLP in connection with a case lodged against Pilatus Aircraft Ltd, Switzerland, Sanjay Bhandari and others, officials said.