Today, On 29th February, In the AgustaWestland Group Scam Case, a Delhi Court rejected Christian Michel’s plea for release. The court dismissed the request, citing reasons that were not disclosed. Michel, a key figure in the scandal, remains in custody as legal proceedings continue.
New Delhi: 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.
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Michel faces serious allegations in both the Central Bureau of Investigation (CBI) and a separate money laundering case pursued by the Enforcement Directorate (ED). Despite his arguments, Special CBI Judge Sanjeev Agarwal upheld the detention, emphasizing Michel’s involvement in offenses that could lead to life imprisonment under Section 467 of the Indian Penal Code (IPC).
In an order issued on February 23, Special CBI Judge Sanjeev Aggarwal from Rouse Avenue Court dismissed the plea, noting that it lacked merit.
Judge Aggarwal stated that James is eligible for bail only under Chapter XXXIII of the CrPC, although his lawyer argued that the application was not for bail but for release from custody.
The Court said, “Since Section 467 IPC has been invoked by the prosecuting agency by way of the supplementary charge sheet, this plea that the accused has already undergone the maximum period of detention under sections. 415, 420 IPC as well as under Section 8 of the IPC Act is not tenable, as the prosecuting agency has also invoked Section 467 IPC, which entails punishment up to life.”
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 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 significant 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.
Michel’s defense highlighted discrepancies in the charges against him, arguing the impossibility of his involvement in bribery and stressing his purely contractual relationship with the Augusta Westland Group. Despite these claims and even referencing a judgment from an Italian court that they argued exonerated Michel, the court remained unconvinced of the grounds for his release.
The Court said, “Since Section 467 IPC has been invoked by the prosecuting agency by way of the supplementary charge sheet, this plea that the accused has already undergone the maximum period of detention under sections. 415, 420 IPC as well as under Section 8 of the IPC Act is not tenable, as the prosecuting agency has also invoked Section 467 IPC, which entails punishment up to life.”
With the invocation of severe charges that suggest life imprisonment, the case against Christian James Michel in the Rs 3,600 crore VVIP Chopper deal continues of legal and public interest.
“Even otherwise, this court being trial court is not a constitutional court clothed with powers of writ jurisdiction, therefore, relief of release sought by way of present application is even otherwise misconceived for this reason also, the court said in the order dated February 23, 2024.
[CASE TITLE: CBI Vs. SP Tyagi & ors]
