The Delhi High Court seeks a response from the CBI and ED to provide their responses regarding Christian Michel’s bail pleas in the AgustaWestland cases. Justice Jyoti Singh directed the CBI and ED counsels to submit their status reports within three weeks. The court has sought the agencies’ stand on Christian Michel James’ bail applications and subsequently scheduled the matter for a hearing on May 16, 2024
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NEW DELHI: Recently, The Delhi High Court seeks response from the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) on the bail applications filed by alleged middleman Christian Michel James.
The bail pleas are related to the infamous AgustaWestland chopper scam, which involves the procurement of 12 VVIP helicopters.
In separate orders issued on April 22, 2024, Justice Jyoti Singh directed the CBI and ED counsels to submit their status reports within three weeks. The court has sought the agencies’ stand on Christian Michel James’ bail applications and subsequently scheduled the matter for a hearing on May 16, 2024.
Background:
Christian Michel James, a British national, was extradited from Dubai in December 2018 and subsequently arrested for his alleged involvement in the AgustaWestland chopper scam. The scam revolves around the purchase of 12 VVIP helicopters, and the CBI has estimated a loss of approximately Rs 2,666 crore (398.21 million euros) to the exchequer.
The ED, in its charge sheet filed in June 2016, accused James of receiving 30 million euros (about Rs 225 crore) from AgustaWestland. James is one of the three alleged middlemen under investigation, with the other two being Guido Haschke and Carlo Gerosa.
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On February 7, 2023, the Supreme Court denied bail to Christian Michel James, rejecting his argument that he should be released as he had completed half of the maximum sentence in the cases. Prior to that, the Delhi High Court dismissed his bail applications in both the CBI and ED cases in March 2022.
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Furthermore, on March 18, 2023, the Supreme Court declined to entertain James’ plea for bail under Article 32 of the Constitution, stating that he cannot be charged with offenses other than those mentioned in the extradition decree and that he should benefit from the “doctrine of speciality.”
On February 29, the Rouse Avenue Court decided against the plea for release put forward by Christian James Michel, a key figure in the controversial VVIP Chopper deal amounting to Rs 3,600 crore. Michel, who has been under custody since his extradition from the UAE in December 2018, sought release, citing that he had served the maximum detention period permissible.
In the court’s ruling on February 23, 2024, Michel’s appeal lacked merit since the supplementary charge sheet also accused him under Section 467 IPC, which significantly overshadows his claims based on his previous detention under lesser charges. This decision follows the Supreme Court’s dismissal of Michel’s bail plea earlier on February 7, 2023, reinforcing the gravity of the charges against him, which include severe allegations of fraud and corruption linked to the procurement of VVIP helicopters.
Despite Michel’s legal counsel arguing that he had completed the maximum sentence for the charges as originally outlined before amendments in 2014, the court found no basis for his release under the current procedural laws. The court further clarified that Michel’s request for release did not fit within the legal framework available for bail. As a trial court, it lacked the constitutional authority to grant such a request.
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