LawChakra

[AgustaWestland Chopper Case] ED Opposes Bail Plea in Delhi HC, Calls Christian Michel a ‘Flight Risk’

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Today, on Dec 10th, the Enforcement Directorate opposed Christian Michel James’ bail plea linked to the Rs 3,600-crore AgustaWestland VVIP chopper scam. They argued he poses a flight risk and lacks roots in India. Despite serving six years, James’ lawyer highlighted the trial’s delay. The Delhi High Court rescheduled the hearing for January 2025 amid ongoing allegations of corruption and money laundering.

New Delhi: The Enforcement Directorate (ED) strongly opposed the bail plea of Christian Michel James, an alleged middleman and British national, before the Delhi High Court on Tuesday. James is accused in a money laundering case linked to the Rs 3,600-crore AgustaWestland VVIP chopper scam.

Appearing before Justice Dinesh Kumar Sharma, the ED counsel argued that “James is a flight risk” and the gravity of the offence does not warrant his release. The ED emphasized that earlier bail pleas were rejected as prima facie allegations of money laundering were found credible.

James, extradited from Dubai in December 2018, has been in custody for six years. Despite this, the ED maintained that his lack of roots in India and the ongoing investigation make him ineligible for bail.

James’ lawyer argued that the trial is unlikely to commence soon and highlighted that he has already served six years of the potential seven-year sentence under the Prevention of Money Laundering Act (PMLA). The defense also contended that the extradition decree did not include charges under the PMLA, questioning its applicability in the case.

Further, the defense pointed out the extended duration of the investigation, which began with the filing of the Enforcement Case Information Report (ECIR) on July 3, 2014.

The alleged scam involves the purchase of 12 VVIP helicopters from AgustaWestland, with the CBI estimating a loss of 398.21 million euros (approximately Rs 2,666 crore) to the exchequer. The ED alleges that James received 30 million euros (around Rs 225 crore) from AgustaWestland as kickbacks.

In March 2022, the Delhi High Court dismissed James’ bail applications in both the CBI and ED cases. On February 7, 2023, the Supreme Court denied him bail, rejecting his plea that he had served half the maximum sentence.

James also invoked the “doctrine of speciality,” arguing that he cannot be charged with offences not specified in the extradition decree. However, the Supreme Court, in its March 2023 ruling, declined to examine this plea.

Justice Sharma has deferred further hearing to January 2025, allowing both sides to present comprehensive arguments.

Key Facts of the Case

The case, which involves high-profile allegations of corruption and money laundering, continues to unfold, with the court yet to decide on James’ latest bail plea.

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