[AgustaWestland case] Delhi Court dismisses bail plea by Christian Michel

Delhi's Rouse Avenue District Court on Friday dismissed the bail plea filed by accused in AgustaWestland scam, Christian Michel (Christian Michel James vs CBI) (Christian Michel James vs ED)..The order was pronounced by Special CBI Judge Arvind Kumar..Earlier in April this year, the court had sought responses from the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) on Michel's bail plea. In his bail application, Michel had asserted that his detention, deportation and custody are illegal and that he was already acquitted by courts in Italy on similar charges."Article 20 (2) of the Constitution describes that no one shall be prosecuted and punished for the same offence more than once. It is pertinent to mention here that a conjoint reading of the United Nations Convention against Transnational Organised Crime and Article 20 (2) of the Constitution of India, which runs in sacrosanct, only on this basis the present prosecution against the applicant is not maintainable in the eyes of law," the plea said.Michel had also claimed that he raised the issue of his alleged illegal detention before the United Nations Human Rights Council Working Group on Arbitrary Detention which opined that his "deprivation of liberty" was in "contravention of articles 3, 9, 10 and 11 (1) of the Universal Declaration of Human Rights and articles 9 (3); 10 (1); and 14 (1)–(2) and (3) (b)–(d) and (g) of the International Covenant on Civil and Political Rights”.Further, Michel pointed out that he has undergone almost 600 hours of custodial interrogation by both the investigating agencies, and has spent more than 2 year and 4 months in Indian jail. Michel had also said that he would be available to join the investigation and trial, as and when required..[AgustaWestland case] Christian Michel seeks bail citing UN Working Group findings; Delhi Court seeks CBI, ED response.It was pointed out that he has made no attempt to influence witnesses, tamper with documentary evidence, or to pollute or obstruct the judicial process, and shall not do so in future.Christian Michel is accused of having entered into as many as twelve contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to 42.27 Euro million received on the procurement of VVIP helicopters by the Government of India.After being extradited to India from Dubai, Michel was produced before the CBI Court on December 5, 2018 and sent to CBI custody. On December 22, 2018, he was sent to seven days’ ED custody by the CBI Court.Christian Michel was finally sent to judicial custody on January 5, 2019 and remained in Tihar Jail ever since.Advocates Aljo K Joseph, Sriram Parakkat and Vishnu Shankar appeared for Michel. Advocate DP Singh is the Special Public Prosecutor.The order will be released shortly.