Delhi HC Seeks Centre, CBI, ED’s Response on Christian Michel’s Plea Against Extradition Treaty Provision
Delhi HC asks Centre, CBI, ED to reply to Christian Michel’s challenge to extradition clause
The Delhi High Court on Monday, 24 November 2025, sought responses from the Centre, the CBI, and the ED on a petition filed by Christian Michel, an accused in the AgustaWestland VVIP chopper scam, seeking a declaration that a provision of the India–UAE extradition treaty is unlawful.
During the hearing, a bench of Justices Vivek Chaudhary and Manoj Jain directed the Home Ministry, the Ministry of External Affairs, the Central Bureau of Investigation (CBI), and the Enforcement Directorate (ED) to submit their objections on the maintainability of Michel’s plea.
Michel had challenged Article 17 of the 1999 extradition treaty between India and the UAE. The provision permits India to prosecute an extradited person not only for the offences for which extradition was granted, but also for other “connected” offences arising from the same set of facts.
Michel’s case stems from disclosures made by the then Head of External Relations of Finmeccanica, the parent company of AgustaWestland International Ltd. (AWIL). These disclosures prompted Italian authorities in 2011 to launch an investigation into alleged bribe payments routed through middlemen, including Guido Ralph Haschke and Christian James Michel, in connection with AWIL’s contract to supply 12 VVIP helicopters to India. Surveillance by Italian prosecutors indicated that AWIL had disguised bribe payments as engineering expenses.
In February 2013, the Ministry of Defence lodged a complaint with the CBI, leading to registration of an FIR under various provisions of the IPC and the Prevention of Corruption Act. The investigation revealed that the original 6,000-metre altitude requirement for the helicopters, set in 2002, was lowered to 4,500 metres after Air Chief Marshal S.P. Tyagi assumed office, thereby making AWIL eligible for the tender. AWIL secured the contract in 2010; however, following allegations of corruption, the deal was cancelled in 2014. Michel was accused of laundering funds through companies he controlled and allegedly received €42 million as kickbacks. After being extradited from the UAE in 2018, he was arrested in India and has since faced multiple prosecution complaints.
Case Title: Christian Michel James vs Union of India
Bench: Justices Vivek Chaudhary and Manoj Jain
Hearing Date: 24 November 2025