The Delhi High Court on Tuesday granted bail to British national Christian James Michel in the money laundering case linked to the controversial AgustaWestland chopper deal. With this ruling, Michel, who was extradited from the United Arab Emirates (UAE) in December 2018, is set to walk out of jail after nearly six years in custody.
Delhi HC Ruling Follows SC Bail in CBI Case
Justice Swarana Kanta Sharma’s verdict allows Michel’s release, as the Supreme Court had already granted him bail on February 19 in the related case investigated by the Central Bureau of Investigation (CBI). While granting bail, a bench of Justices Vikram Nath and Sandeep Mehta had criticized the prolonged incarceration, noting, “This is the worst kind of incarceration where CBI has not completed trial despite filing two charge sheets and documents relied by you have not been given to him.”
Following his bail in the CBI case, Michel moved the Delhi High Court for relief in the Enforcement Directorate (ED) case, after a lower court had previously denied his bail request.
Michel’s Arguments for Bail
Michel’s petition, filed through advocate Aljio K Joseph, argued that he had already served six years in jail for an offence carrying a maximum sentence of seven years, and the trial had yet to begin. The plea also highlighted that he was not extradited to India to face money laundering charges and that he did not pose a flight risk since his passport had expired.
ED’s Opposition to Bail
Opposing Michel’s bail, ED’s counsel Zoheb Hossain and advocate Vivek Gurnani asserted that he remained a flight risk as he had no roots in India. They also pointed out that courts had previously denied his bail, citing the strict conditions under Section 45 of the Prevention of Money Laundering Act (PMLA). This section requires courts to be convinced that the accused is neither guilty nor likely to commit an offence while on bail—conditions that are typically difficult for an accused in a money laundering case to meet.
The AgustaWestland Controversy
Michel, accused of acting as a middleman in the AgustaWestland chopper deal, was charged under Section 8 of the Prevention of Corruption Act along with other accused. The CBI’s charge sheet, filed on September 1, 2017, alleged that in 2004, officials from the Prime Minister’s Office (PMO), Special Protection Group (SPG), the Indian Air Force, and the Ministry of Defence agreed to lower the mandatory service ceiling of the helicopters from 6,000 metres to 4,500 metres. This modification allegedly benefited Anglo-Italian firm AgustaWestland.
CBI claimed that irregularities in awarding the contract led to an estimated loss of €398.21 million (approximately ₹2,666 crore) to the Indian government. The total deal for 12 VVIP helicopters was valued at €556.26 million (₹3,726.9 crore).
The AgustaWestland deal, signed in February 2010 during the United Progressive Alliance (UPA) government, became one of India’s biggest defence scandals due to allegations of kickbacks. The deal was eventually scrapped in 2014.
Michel’s Arrest and Legal Battle
Michel was named in CBI’s charge sheet in September 2017, prompting ED to launch an investigation into the money trail behind the alleged kickbacks. He was arrested in the UAE in 2018 and extradited to India on December 4 of that year.
Sources By Agencies
