[Augusta Westland VVIP Chopper Scam] Delhi High Court asks ED to Place on Record Reply in Fresh Bail Plea of Christian Michel, Grants Michel Time to File Additional Documents

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The Delhi High Court today granted time to British national and alleged middleman in Augusta Westland VVIP Chopper scam, Christian Michel, to file additional affidavits in fresh bail pleas by him in cases by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The court has also directed the ED to place on record the reply filed by it on the plea. 

The case which was being heard by a single judge bench of Justice Manoj Kumar Ohri, is now listed for hearing on Oct 11. 

The court had issued notice in both the pleas in the earlier hearing. Adv. Aljo Joseph appearing for Michel had argued that the allegations against all the accused in the scam were that the altitude of the helicopters was reduced. He submitted that while all the other accused had been granted bail, he had been languishing in jail for the past 2 years and 8 months.

Joseph further submitted that during the pendency of the bail applications earlier before the court, the United Nations (UN) had categorically found that Michel's detention in India was illegal and in serious violations of international human rights.

He further submitted that neither the ED nor CBI had filed their responses with regard to the above finding of the UN.

Last month, Special CBI Judge Arvind Kumar had dismissed Michel's bail application stating that, "No case is made out for grant of bail on medical ground by Michel."

Michel had argued in his bail application that his detention, deportation, and custody in India was 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.

The court, however, rejecting Michel's bail plea had said "considering the overall facts and circumstances, serious nature of accusations, gravity of offence and aforesaid conduct of the accused, I do not consider it to be a fit case for grant of bail. Application for bail filed by accused is, thus, dismissed."

Michel is an alleged middleman in the VVIP-chopper deal, accused of facilitating the chopper deal through his companies. He was extradited from UAE to India in 2018. 

Michel was sent to CBI and ED custody in 2018, where after serving for a few days, he was sent to judicial custody on Jan 5, 2019.

Michel continues to be in custody in the Tihar jail after both, the Delhi High Court, and the Supreme Court, dismissed his bail petition. 

In March this year, a panel of UN experts had called on the Indian government to immediately release Christian Michel stating that his detention was arbitrary and violates the Universal Declaration of Human Rights.

Case Title: Christian Michel James vs Enforcement Directorate/ Christian Michel James vs Central Bureau of Investigation