Delhi High Court Declines to Entertain Christian Michel’s Petition Against India–UAE Treaty Provision

The Delhi High Court on Monday declined to hear a petition filed by Christian Michel, an accused in the AgustaWestland VVIP chopper scam, in which he sought a declaration that a provision of the India–UAE extradition treaty is unlawful.

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 contended that this clause was illegal. The Court, however, refused to entertain his plea.

While doing so, a Division Bench of Justices Vivek Chaudhary and Manoj Jain questioned the very maintainability of the petition. The judges asked Michel’s counsel to demonstrate the cause of action and observed that an international treaty cannot be struck down merely because a petitioner seeks such a declaration. They further clarified that the extradition treaty had not been enacted by Parliament and therefore does not have the status of a “law” that can be declared unconstitutional or illegal.

The Bench also noted that Michel had not sought any consequential relief that would logically follow from a declaration striking down Article 17. Since the petition lacked a proper legal foundation and was inadequately framed, the Court asked the petitioner to file a more appropriate pleading.

Following this, Advocate Aljo K Joseph, appearing for Michel, withdrew the petition.

Special Public Prosecutor (SPP) DP Singh appeared for the CBI.

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: 17 November 2025