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Michel was alleged to be the middleman in the AgustaWestland chopper deal, facilitating the same through his companies. He was extradited from UAE to India in 2018. Michel was sent to the custody of both, the CBI and ED, and after serving for a few days, was sent to judicial custody on January 5, 2019.
The Delhi High Court, on Friday, reserved order in the bail application of Christian Micheal James, a British national accused of allegedly acting as the ‘middleman’ and accepting bribes to facilitate India’s acquisition of 12 helicopters from the Italian company Finmeccanica.
The bench of Justice Swarana Kanta Sharma reiterated that, during the last hearing, she had made it clear that the trial court needed to state its conditions.
The advocate for ED informed the court that the matter is listed for today. Additionally, the ED asserted that the time spent by James in Dubai could not be counted as time spent in custody and therefore, per their calculations, James has spent 6 years 2 months, and 18 days in custody. Advocate for ED, opposing the plea, contended that the Supreme Court had marked James as a flight risk.
During the last hearing, Advocate Aljo Joseph, appearing for Michel, contended that Michel has been in custody for over 6 years and that his passport had already expired. It was 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.
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 JosephFor Respondent: Special Counsel Zoheb HossainCase Title: Christian James Michel v Directorate Of Enforcement (BAIL APPLN.-1337/2024)
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