Agusta Westland VVIP Chopper Deal Scam: Delhi Court Rejects Christian Michel's Plea for Release

Michel, a British national extradited from the UAE in December 2018, had sought release on the ground that he had already spent more than half of the maximum prescribed sentence, seven years, in custody for the offences for which he was extradited.

His counsel argued that Michel was extradited only for offences under Sections 120B, 415 and 420 IPC, which carry a maximum sentence of seven years. They contended that since Michel had remained in custody, including 123 days of pre-extradition detention, for nearly the entire maximum period, he was entitled to mandatory release under Section 436A CrPC.

Special Judge Sanjay Jindal of Rouse Avenue court, however, rejected the argument, noting that Michel is also facing charges under Section 467 IPC (forgery of valuable security), which attracts a sentence of imprisonment for life.

“Considering the allegations under Section 467 IPC which entails life imprisonment, it cannot be said that the accused has already undergone the period of maximum punishment prescribed for the alleged offences,” the Court held.

The Court also emphasized that the issue of whether Section 467 applies to Michel will be decided at the stage of framing of charges, and cannot be prejudged at this stage. Judicial propriety, the Court said, prohibits reopening issues which have already been settled by superior courts.

The Court cited the Supreme Court’s order dated February 7, 2023 in SLP (Crl) No. 4145/2022, in which similar arguments based on the Extradition Treaty and Section 436A had already been rejected. The Apex Court had observed that Michel was extradited not just for cheating and conspiracy, but also for offences like money laundering, misuse of position, and offering illegal gratification. The Court noted that these offences were "connected" to the extradition request and therefore did not violate the doctrine of speciality under Article 17 of the India-UAE Extradition Treaty or Section 21 of the Extradition Act, 1962.

Michel's counsel had also relied on the UN Human Rights Council Working Group on Arbitrary Detention’s 2020 opinion, and cited Supreme Court judgments in Daya Singh Lahoria and Gramophone Company. They further invoked the Delhi Prison Rules and constitutional provisions.

However, the Court found these arguments untenable in light of consistent findings by the Delhi High Court and Supreme Court on the same issues in prior bail proceedings.

Referring to prior orders passed by the Delhi High Court on March 11, 2022 and September 25, 2024, the Court held that the applicability of Section 436A had already been considered and rejected. “The accused cannot raise the same ground before this Court again, as the same would be abuse of process of law,” the judge said, quoting the earlier trial court order dated February 23, 2024.

Michel was arrested by the CBI in December 2018 in connection with the Agusta Westland VVIP chopper deal scam, followed by a separate arrest in the ED’s money laundering case. While he remains in judicial custody, the trial is still at the pre-charge stage.

Dismissing Michel’s request for release, the Court posted the matter for further proceedings on September 12, 2025.