The Supreme Court today granted bail to Christian Michel, the alleged middleman in the AgustaWestland VVIP chopper scam, citing prolonged incarceration and delay in trial.

The Court questioned the Central Bureau of Investigation (CBI) over its inability to conclude the investigation despite filing three charge sheets since his extradition in 2018.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta criticized the CBI’s handling of the case.

Justice Mehta remarked, "This is the worst kind of incarceration where the CBI is still not ready with the chargesheet, and the accused has been imprisoned for six years."

The Court also noted that the trial has not yet started, prompting Justice Nath to ask, "Tell us, why do you want him in custody now after six years?"

The CBI's counsel maintained that the agency was ready to proceed with the trial, but the Court questioned why it had not done so earlier.

The petitioner’s counsel argued that the maximum punishment for the charges is seven years, and his client had already served most of it in custody.

Observing that continued detention was unjustified, the Court ordered, "Considering the facts and circumstances, and that the petitioner has been in custody for more than six years despite the CBI filing three charge sheets, we are inclined to grant bail on such terms and conditions as set by the trial court."

The CBI has been directed to make appropriate requests before the trial court for any conditions to be imposed on Michel's release. "The CBI will make appropriate request before the Trial Court for conditions to be imposed," the Bench ordered.

Previous Proceeding

In March 2024, the Apex Court had dismissed Michel's Habeas Corpus petition seeking release on bail. The Court had remarked, “How can you file an Article 32 Petition? File a regular bail application.” “Cannot go ad nauseam.” the Court had further said while dismissing the plea.

The Counsel for the Petitioner had relied on Section 21 of the Extradition Act, 1962 which relates to an accused or convicted person surrendered or returned by a foreign State, who is not to be tried for certain offences. The Court had further said that the same argument as previously raised was dismissed by the court, hence, refused to entertain the petition.

The Delhi High Court in March 2022 had dismissed the bail applications of Christian Michel James, the alleged middleman in the AgustaWestland scam being probed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). The Rs 3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland. Challenging the High Court’s Order, James had filed a bail plea before the Supreme Court, which was also dismissed vide order dated February 7, 2023.

The Bench of Chief Justice of India D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala had held, “In the backdrop of the above discussion, it has emerged before the Court that the fundamental basis on which the petitioner has sought bail, namely, under the provisions of Section 436A, cannot be accepted as valid. Besides the provisions of Sections 415 and 420 read with Section 120B IPC and Section 8 of the PC Act, the petitioner is alleged to have committed offences under Section 467 IPC which is punishable with upto life imprisonment. In this backdrop, the provisions of Section 436A would not stand attracted in the present case… For the above reasons, we are not inclined to accept the submission of the petitioner that he was entitled to the grant of bail on the foundation of Section 436A. The Single Judge of the High Court has, while declining bail, also adverted to the circumstances in which the petitioner was required to be extradited from the UAE to face trial in India. We, therefore, find no merit in the Special Leave Petitions.”

Background

James had previously said he was not required for the purpose of investigation and expressed his willingness to cooperate with the probe. The applications also said the accused had never sought to evade the process of law and that no purpose would be served by keeping him in further custody.

James was extradited from Dubai in December 2018 and subsequently arrested by the two investigating agencies. The CBI, in its charge sheet, has alleged an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.

The ED, in its charge sheet filed against James in June 2016, had alleged that he had received 30 million euros (about Rs 225 crore) from AgustaWestland. James is among the three alleged middlemen being probed in the case. The other two are Guido Haschke and Carlo Gerosa.

Cause Title: Christian James Michel v. CBI [SLP(Crl) No. 17016/2024; Diary No. 55453/2024]

Justice Vikram NathJustice Sandeep Mehta

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.