AgustaWestland Case: SC Gives Centre 3 Weeks to Respond to Christian Michel’s Plea
British national challenges continued detention, says he has served maximum sentence after extradition
The Supreme Court on Friday granted the Centre three weeks, as a last opportunity, to file its response to a plea by British national Christian Michel James, accused in the AgustaWestland VVIP chopper scam, challenging his continued detention.
A bench of Justices Vikram Nath and Sandeep Mehta allowed the request after Additional Solicitor General SV Raju sought more time to submit an affidavit. “Time of three weeks granted and no more time to be granted to file counter affidavit. List the case on August 25,” the bench ordered.
Michel, an alleged middleman in the deal, has sought his release on the grounds that he has already served the maximum sentence for the offences for which he was extradited. He contended that he has undergone over seven years of incarceration since his extradition from Dubai in 2018.
In his plea, Michel has challenged Article 17 of the India-UAE Extradition Treaty, which allows prosecution for “connected offences.” He argued that under the Doctrine of Speciality, as provided under Section 21 of the Extradition Act, an accused cannot be tried for offences other than those for which extradition was granted.
He further submitted that the continued application of the treaty provisions has led to his prolonged detention despite completing the maximum sentence for the alleged offences. According to him, the charge under the Prevention of Corruption Act carries a maximum punishment of five years, while he has already spent more time in custody.
Michel has also challenged the April 8 order of the Delhi High Court, which rejected his plea for release and upheld the relevant provisions of the extradition treaty.
The case pertains to the alleged Rs 3,600-crore AgustaWestland VVIP chopper deal involving the procurement of 12 helicopters. Michel was extradited from Dubai in 2018 after India secured his return.
The CBI has alleged that the 2010 deal, worth Euro 556.262 million, caused an estimated loss of Euro 398.21 million (around Rs 2,666 crore) to the exchequer. The Enforcement Directorate has also accused Michel of receiving Euro 30 million (approximately Rs 225 crore) in connection with the deal.
