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Synopsis

The Delhi High Court, on Tuesday, heard the arguments of Christian James Michel, an accused in the AgustaWestland VVIP money laundering scam, who was under investigation by both the CBI and the ED. The estimated value of the scam is approximately Rs 3,700 crore. The bench of Justice Swarana Kanta Sharma, recording the submissions of Michel, listed the matter for February 28, 2025.

Special Counsel Zoheb Hossain, representing ED, submitted that Michel was granted bail by the Supreme Court only in the predicate case of the Central Bureau of Investigation (CBI) and not in the ED case. He argued that Michel, being a British citizen, posed a flight risk and could potentially abscond.  

Advocate Aljo Joseph, appearing for Michel, contended that Michel’s passport had already expired. He emphasized that Michel did not possess a valid passport and would need the court’s permission to apply for a new one. It was further argued that if the trial court imposed conditions on Michel, it would delay his release. It was also asserted that if granted bail, Michel could seek permission from the trial court to apply for a passport and subsequently a visa.  

The bench noted that the trial court handling the predicate offence had yet to impose conditions. The court stated that it did not wish to delve into the matter at that stage but was keen to examine the conditions that the trial court would impose. Observing the ED’s argument regarding Michel’s flight risk, the court remarked that it would await the trial court’s decision on the conditions before proceeding further.  

Advocate Aljo Joseph countered the ED’s argument, stating that after serving the maximum sentence, the question of whether he stayed or fled was irrelevant. He informed the Court that Michel had already undergone six years and two months of incarceration, in addition to four months in Dubai. He asserted that Michel was entitled to remission and argued that the ED’s apprehensions lacked merit.  

Background:

Last year in May, the Apex Court issued a notice in a bail application filed by James while directing the Central Bureau of Investigation and Directorate of Enforcement to submit their responses.

On March 11, 2022, the Delhi High Court dismissed the bail application filed by the British middleman in the AgustaWestland VVIP chopper scam cases by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

James had argued in his bail application that his detention, deportation, and custody in India were in contravention of the provisions of the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights and that he was already acquitted by courts in Italy on similar charges.

For Petitioner: Advocate Aljo K Joseph
For Respondent: Special Counsel Zoheb Hossain
Case Title: Christian James Michel v Directorate Of Enforcement (BAIL APPLN.-1337/2024)

[Inputs: The Indian Express]