Delhi High Court Dismisses Christian Michel’s Plea for Release in AgustaWestland Case
The Delhi High Court found no merit in challenge to the extradition treaty provision and rejection of plea under Section 436A CrPC.
Christian Michel to remain in custody after Delhi High Court rejects his plea challenging extradition terms and prolonged detention in the AgustaWestland case.
The Delhi High Court on Wednesday dismissed a petition filed by alleged middleman Christian Michel James seeking his release from jail in the ₹3,600 crore AgustaWestland VVIP chopper scam.
A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja held that there was no merit in the plea filed by the British national, who was extradited from Dubai to India in December 2018.
Michel had challenged both the validity of Article 17 of the India-UAE extradition treaty and a trial court order dated August 7, 2025, which had rejected his application for release under Section 436A of the Code of Criminal Procedure (corresponding to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Article 17 of the treaty permits the requesting state to prosecute an extradited individual not only for the specific offences for which extradition was granted, but also for connected offences. Michel argued that this provision violated the principle of speciality, contending that he could only be tried for the exact offences forming the basis of his extradition.
Rejecting this contention, the High Court declined to interfere with the treaty provision or the trial court’s decision, effectively upholding the legal framework under which Michel continues to face prosecution in multiple related cases.
Michel had also argued that he had already undergone more than seven years in custody, having completed this period on December 4, 2025, and therefore was entitled to release under Section 436A CrPC, which provides for bail when an undertrial has spent half of the maximum prescribed sentence in custody.
However, the Court found no grounds to grant relief on this basis, affirming the trial court’s earlier rejection of his plea.
The case relates to allegations of corruption in a deal signed in February 2010 for the purchase of VVIP helicopters from AgustaWestland. Investigations by the Central Bureau of Investigation and the Enforcement Directorate have alleged that Michel acted as a middleman and received substantial kickbacks in the transaction.
According to the CBI charge sheet, the deal allegedly caused a loss of approximately 398.21 million euros to the Indian exchequer. The ED, in its separate proceedings, has alleged that Michel received around 30 million euros as part of the alleged illegal payments.
Michel is one of the three alleged middlemen in the case, along with Guido Haschke and Carlo Gerosa.
Notably, Michel had earlier secured bail in both the CBI and ED cases in 2025. The Supreme Court of India granted him bail in the CBI case in February 2025, while the High Court granted bail in the ED case in March 2025. However, he continues to remain in custody as he has been unable to fulfil the stringent bail conditions imposed by the courts.
These conditions include furnishing personal bonds and substantial cash sureties. In the CBI case, he was directed to furnish a personal bond of ₹5 lakh along with a cash surety of the same amount. In the ED case, the requirement included a personal bond of ₹5 lakh and a cash surety of ₹10 lakh.
The High Court had also clarified earlier that Michel could be released without depositing his expired passport, directing that any fresh passport be submitted directly to the trial court when issued. Additionally, the Foreigners Regional Registration Office has been directed to ensure that he does not leave India.
With the dismissal of the present petition, Michel’s continued detention remains in force, and the proceedings in the high-profile corruption case are set to continue in accordance with law.
Source: The Telegraph