The Delhi High Court questioned the ED’s opposition to Christian Michel James’ bail in the AgustaWestland case, highlighting delays in trials and concerns over accused rights under Article 21 of the Constitution.
New Delhi: The Delhi High Court on Monday (Feb 24th) questioned the Enforcement Directorate (ED) over its opposition to the bail plea of Christian Michel James, the alleged middleman and British citizen in the AgustaWestland VVIP chopper money laundering case.
A bench led by Justice Swarna Kanta Sharma raised concerns after James’ lawyer, Aljo K Joseph, cited the Supreme Court’s ruling granting him bail last week due to significant delays in the CBI’s corruption trial.
On February 18, the Supreme Court granted bail to Christian Michel James, stating:
“The trial may not be completed in the next 25 years at this pace.”
James was arrested and extradited on December 4, 2018, while the FIR in the case was registered in 2013. The case involves a Rs 3,600-crore scam regarding the purchase of 12 VVIP helicopters from AgustaWestland.
After the ED requested more time, Justice Sharma set the next hearing for Tuesday.
On February 22, the trial court approved ED’s request to separate the trials of the accused in the AgustaWestland case. Special Judge Sanjeev Aggarwal noted that separating trials would ensure a fair and speedy trial, as per Article 21 of the Constitution.
Also Read: Bangladesh Illegal Immigrants in India: Legal Stance and Regulations Explained
Currently, the case involves 60 accused individuals, with 21 yet to be served summons or joining the investigation. The first prosecution complaint was filed on November 24, 2014, while the latest complaint on November 21, 2024, marks the 12th supplementary complaint—highlighting a decade-long delay.
Judge Aggarwal further noted:
“The significant time lapse in prosecution prejudices the rights of the accused awaiting trial, which is a fundamental right under Article 21 of the Constitution.”
The ED has been unable to serve summons/warrants to 21 accused individuals/entities, despite ongoing extradition proceedings against five of them. The absence of these accused has stalled framing of charges against others appearing before the court.
The AgustaWestland VVIP chopper deal dates back to the Congress-led UPA Government, involving a multimillion-dollar corruption case. Allegations suggest that money was paid to middlemen and Indian officials in 2006-07 to secure the purchase of helicopters for high-level politicians.
Following corruption allegations, the Government of India ordered a CBI investigation on February 12, 2013. Subsequently, the ED registered a case under the Prevention of Money Laundering Act (PMLA) in 2014.
Special Public Prosecutor Naveen Kumar Matta represented the ED in court. The case continues to be one of India’s biggest defense corruption scandals.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES