Today, On 6th January, The Supreme Court rejected Advocate Gautam Khaitan’s plea challenging the ED’s property attachment in the AgustaWestland case, stating “This practice has to stop” as it criticised attempts by wealthy accused persons to bypass the normal trial process.
New Delhi: The Supreme Court of India refused to entertain a writ petition challenging the Delhi High Court’s decision that upheld the Enforcement Directorate’s provisional attachment of properties belonging to lawyer Gautam Khaitan in the AgustaWestland VVIP chopper case.
The Court said the issue involved is already pending before a larger Bench in the review petitions relating to the Prevention of Money Laundering Act (PMLA).
The Bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, chose not to assess the validity of the attachment proceedings under the Prevention of Money Laundering Act (PMLA).
They pointed out that the legality of Section 44(1)(c) of the Act is already being reviewed in pending petitions related to the Vijay Madanlal Choudhary verdict.
During the hearing, Chief Justice of India Surya Kant explained that the question concerning the legality of Section 44(1)(c) of the PMLA will be examined in the review proceedings in the Vijay Madanlal case.
The CJI said,
“Since the issue concerning the validity of PMLA provisions is under consideration in the review petitions in Vijay Madanlal, the legality of Section 44(1)(c) will be examined there. We see no reason to entertain a separate writ petition. The plea is dismissed, with the question of law kept open.”
Senior Advocate Siddharth Luthra, appearing in the matter, then requested the Bench to allow intervention if arguments on Section 44(1)(c) are taken up.
He said,
“My Lords, if Section 44(1)(c) is argued, kindly grant liberty to at least seek intervention.”
At this stage, the Chief Justice made a strong observation about high-profile accused avoiding the regular legal process.
He remarked,
“This practice has to stop. These rich applicants think they can bypass trial. You should face trial like any ordinary person.”
The Court however allowed limited liberty and clarified that the relief is only for the senior counsel, not the petitioner.
The CJI stated,
“Liberty is granted to Mr Luthra, not the petitioner. Let the matter be listed and heard. Mr Sibal is also here. Hopefully, by the end of the month, we can begin hearing it.”
With this, the Supreme Court formally dismissed the plea while keeping the legal question open for a detailed examination during the upcoming hearings on the PMLA review petitions.
Earlier in 2023, a Delhi Court granted Advocate Gautam Khaitan permission to travel abroad for a duration of four months. Special Judge Arvind Kumar of the Rouse Avenue Court instructed the Central Bureau of Investigation (CBI) to lift the Look Out Circular (LOC) issued against Khaitan during that timeframe.
The Court was considering an application submitted by Khaitan, requesting permission to visit various countries including Kazakhstan, Russia, Japan, Thailand, Indonesia, the UAE, the UK, Schengen countries (excluding Italy and Switzerland), Turkey, the US, Ghana, Tanzania, China, Hong Kong, South Africa, Australia, the Maldives, and Saudi Arabia to strengthen relationships and meet with local law firms in order to rejuvenate business for his law firm, O.P. Khaitan & Company.
The AgustaWestland VVIP chopper scam involves allegations of 42.27 million euros in kickbacks paid to secure a contract from the then Congress-led government for supplying helicopters for VVIP transport. According to the CBI, Christian Michel allegedly entered into twelve sham contracts with AgustaWestland to disguise illicit payments, with bribes routed through bank accounts in the UK and UAE.
He was extradited to India on December 4, 2018, arrested by the CBI, and subsequently taken into custody by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).
Although the Supreme Court granted him bail in the CBI case in February 2025 and the Delhi High Court extended bail in the ED case in March 2025, Michel continues to remain in Tihar Jail as he has been unable to fulfil certain bail conditions, including providing a local address.
Case Title: Gautam Khaitan v. Union of India
Read Live Coverage