Supreme Court rejects Christian Michel's petition for release in AgustaWestland chopper scam
- In Reports
- 05:47 PM, Mar 18, 2024
- Myind Staff
The Supreme Court declined to consider a new bail application from Christian Michel James, an alleged middleman under investigation by the CBI and the ED in connection with the alleged ₹3,600-crore AgustaWestland chopper scam cases, involving the procurement of 12 VVIP helicopters.
It was contended that James cannot face charges for offences other than those specified in the extradition decree, and that he should receive the benefit of the doctrine of speciality. He was apprehended in December 2018 following extradition from Dubai.
A bench consisting of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra questioned, “How can you file the Article 32 petition (one of the provisions in the Constitution which grants the right to move the SC for enforcement of fundamental rights) in this case?”
Addressing the argument that James cannot face charges for other offences not included in the extradition decree, the bench stated that this issue had been previously addressed and it cannot be repeatedly revisited. The bench emphasised that the matter cannot be discussed at length indefinitely.
The counsel representing the extradited accused stated that his client has been incarcerated for the past five years, indicating that this duration could potentially represent the maximum sentence upon conviction. On February 7 of the previous year, the apex court refused bail to James and dismissed the request for his release based on the argument that he had served half of the maximum sentence in the cases.
While drafting the judgement, the Chief Justice of India had stated that James could pursue the option of seeking regular bail before the trial court in the case.
James had applied for bail under section 436A of the Code of Criminal Procedure (CrPC), which allows a person to be granted bail if they have served half of the maximum sentence prescribed for the offence.
The accused subsequently contested the Delhi High Court order dated March 11, 2022, which dismissed his bail applications in both the CBI and ED cases.
In 2021, a trial court rejected the bail applications in both the CBI and ED cases, stating that, after considering the overall facts and circumstances, the serious nature of the accusations, the gravity of the offence, and the conduct of the accused, it did not deem it a suitable case for bail.
According to the CBI's charge sheet, an estimated loss of 398.21 million euros (approximately ₹2,666 crore) to the exchequer is alleged due to the deal signed on February 8, 2010, for the supply of 12 VVIP helicopters valued at 556.262 million euros (approximately ₹3,600 crore).
In its charge sheet filed in June 2016, the ED alleged that James received 30 million euros from AgustaWestland. He is one of the three alleged middlemen under investigation in the case. The other two individuals are Guido Haschke and Carlo Gerosa.
Image source: PTI
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