AgustaWestland case: Supreme Court seeks Centre's response to Christian Michel's plea against continued detention

The Supreme Court on Monday sought the Central government's response to a plea filed by British national Christian Michel James who has challenged his continued detention in the AgustaWestland VVIP helicopter scam case.

Notably, Michel has challenged a provision of an India–UAE extradition treaty which allows his prosecution not just for offences mentioned in an extradition order against him, but also other connected offences.

Michel has contended that the application of this treaty has led to his continued detention, even though he has already served out the maximum sentence for the offences alleged against him in the extradition order.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the matter today.

Christian Michel has challenged the Delhi High Court’s April 8 order rejecting his plea for release from jail and upholding the relevant provision of the India–UAE extradition treaty.

The case centres on Article 17 of the 1999 India–UAE extradition treaty, which allows authorities to try an extradited person not only for the offences specified in the extradition order but also for “connected” offences.

Michel has contended that this provision goes against Section 21 of India's Extradition Act, 1962. Section 21 says a person can be tried only for offences mentioned in the extradition order. He has contended this law should apply instead of the treaty.

Michel's counsel argued today that the Delhi High Court had erred in upholding the treaty provision over domestic law.

“The High Court has gone to the extent of saying that the treaty between India and UAE will prevail over the law made by the Parliament. I had filed a writ petition challenging a portion of the treaty ... “In terms of the extradition decree, the maximum sentence was 7 years," he contended.

It was also argued that the Court had earlier granted Michel bail on that basis.

“Now, the sections invoked will take you for life?” the Court asked.

Michel's counsel replied in the affirmative.

Michel, who was extradited from Dubai in December 2018, is accused of acting as a middleman in the procurement of VVIP helicopters from AgustaWestland. Investigating agencies allege that he facilitated illicit commissions worth €42.27 million in the deal, with funds routed through accounts in the United Kingdom and the UAE.

The Central Bureau of Investigation (CBI) had registered an FIR in 2013 alleging offences including criminal conspiracy and cheating under the Indian Penal Code (IPC), along with provisions of the Prevention of Corruption Act.

Before the Supreme Court, Michel has argued that the offences for which he was extradited carried a maximum punishment of five years when he was arrested. He argued he has already served out this prison sentence, as he has already spent over seven years in custody, including time in detention in Dubai.

He has further contended that permitting prosecution for additional offences that were not part of the extradition order, including those carrying life imprisonment, would violate statutory safeguards and constitutional principles governing the relationship between treaties and domestic law.

The Supreme Court will hear the case again in July, by when the Central government has been asked to respond.

Michel is being represented by advocates Aljo Joseph, Sriram Parakkat and MS Vishnu Shankar.

[Read Live Coverage]