AgustaWestland scam: Delhi court rejects Christian Michel's plea for release in CBI case

A Delhi court on Thursday rejected the plea filed by Christian Michel seeking release in the AgustaWestland VVIP Chopper corruption case [CBI v SP Tyagi & Ors].

Special Judge (PC Act) Sanjay Jindal of the Rouse Avenue Courts rejected Michel's argument that he should be released because he has spent more than seven years in jail, the maximum punishment for offences invoked against him when he was extradited to India.

The Court noted that apart from offences of cheating, criminal conspiracy and bribery, the CBI has also accused him of violating Section 467 (forgery), and the punishment for the same is life imprisonment.

"Considering the allegations u/sec. 467 IPC which entails life imprisonment, it cannot be said that the accused has already undergone the period of maximum punishment prescribed for the alleged offences," the Court said.

Michel had moved the Court arguing that he was extradited to India in 2018 in respect of offences which do not carry more than seven years of punishment.

However, the CBI said that they invoked Section 467 of the IPC against him, and the offence carries the punishment of life imprisonment.

It added that the Delhi High Court and the Supreme Court have upheld the invocation of the offence of forgery.

After considering the case, the trial court ruled that whether the offence under Section 467 is made out against Michel can be decided at the stage of framing of charge.

"The judicial propriety does not allow this court to reconsider the above issues again and again when the Hon’ble Superior Courts have already given observations on the same," the Court added.

Therefore, it rejected James' plea.

Michel is accused of having played the role of a middleman to enable helicopter manufacturer AgustaWestland secure a contract from the then-Congress-led Indian government for the sale of helicopters for VVIP transport.

He allegedly entered into as many as twelve contracts with AgustaWestland to legitimise illicit commissions or kickbacks amounting to €42.27 million received on the procurement of VVIP helicopters by the government of India. 

According to the CBI, bribes estimated at around US$33 million were transferred through bank accounts in the UK and UAE.

Michel was extradited to India in December 2018 and then arrested by the ED. He has remained in jail since then without trial for six years.

On March 4 this year, the Delhi High Court granted him bail in ED case.

This was after the Supreme Court granted bail to on February 18 in the Central Bureau of Investigation (CBI) case in the same matter.

He subsequently moved the High Court seeking modification of his bail conditions. The High Court made the changes. But Michel then moved the Supreme Court to do away with the bail condition, ordering him to provide a local address. The plea was rejected.

Thus, he is still in Tihar jail despite securing bail in the matter.

[Read Order]