In the AgustaWestland case, the Delhi High Court has modified the bail conditions of alleged middleman Christian Michel James, easing restrictions while directing him to cooperate with the investigation and not leave the country.
Delhi: In a significant relief for British national and alleged middleman Christian Michel James, the Delhi High Court on Thursday modified his bail conditions related to the Rs 3,600-crore AgustaWestland money laundering case being investigated by the Enforcement Directorate (ED).
Justice Swarana Kanta Sharma noted that James, who lacks connections in India and was unable to arrange a local surety, is now required to submit a personal bond of Rs 5 lakh along with a cash surety of Rs 10 lakh an increase from the previous requirement of a surety bond of Rs 5 lakh.
The court also relaxed the stipulation that James surrender his passport, as it has already expired. Instead, it directed that any renewed passport must be submitted directly to the trial court by the British High Commission or the relevant authority, with notification to the High Court.
Additionally, the Foreigners Regional Registration Office (FRRO) must ensure that James does not leave the country.
The court stated,
“The presence of the accused is essential to ensure the effective conduct of the trial, and while genuine inability to furnish surety can be considered, it must not compromise the integrity of the judicial process,”
Further safeguards include verifying James’ intended residential address before his release and requiring him to appear before the ED or investigating officer every 15 days.
James’ counsel, Aljo K Joseph, argued that his client should not be confined while waiting for passport renewal, which may take four to eight weeks, and highlighted the difficulty of arranging a local surety for a foreign national.
However, the ED opposed any relaxation of the conditions, arguing that James poses a flight risk and lacks any ties to India.
The agency asserted that the bail conditions were “just and reasonable” and raised concerns about his availability in the future if the requirements were relaxed.
James was extradited from Dubai in December 2018 and subsequently arrested by the CBI and the ED. He is one of three alleged middlemen in the AgustaWestland deal, alongside Guido Haschke and Carlo Gerosa.
The CBI claims that irregularities in the procurement of 12 VVIP helicopters from the Italian firm AgustaWestland resulted in a loss of approximately Rs 2,666 crore to the exchequer. According to the ED, James received around 30 million euros (Rs 225 crore) in kickbacks.
Case Title: Christian James Michel vs Central Bureau of Investigation