Supreme Court Issues Notice On Christian Michel’s Plea For Release In ₹3,600 Cr AgustaWestland Scam Case

The bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Centre, the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), seeking their response within four weeks.

James has challenged Article 17 of the India–UAE extradition treaty, arguing that it allows prosecution for offences beyond those for which extradition was granted.

At the outset, his counsel submitted that the Delhi High Court had erred in holding that the treaty overrides domestic law, contending that the plea raised substantial legal questions regarding the scope of extradition.

The bench noted that notice had been issued and listed the matter for hearing in July.

The petition also challenges a trial court order dated August 7, 2025, which rejected James’ plea for release under Section 436A CrPC despite his claim of having undergone the maximum possible sentence for the extradition offences.

James, a British national extradited from Dubai in December 2018, has argued that he has already spent over seven years in custody and his continued detention is illegal.

The Delhi High Court had earlier dismissed his plea on April 8, holding that there was no merit in his challenge and that he could not re-agitate issues already considered by the Supreme Court on the treaty’s interpretation.

The High Court further held that James was extradited to face trial for offences arising from the same factual matrix, bringing them within the treaty’s scope.

Following his extradition, James was arrested by both the CBI and ED. He is one of three alleged middlemen in the case, along with Guido Haschke and Carlo Gerosa.

Although he was granted bail in both the CBI and ED cases in 2025, James remains in custody as he has not been able to fulfil the bail conditions imposed by the courts, including furnishing cash sureties and bonds.

According to the CBI, the scam caused an estimated loss of €398.21 million (about ₹2,666 crore) to the exchequer in the 2010 deal for 12 VVIP helicopters worth €556.26 million. The ED has alleged that James received about €30 million (around ₹225 crore) as part of the transaction under investigation.

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.