The Supreme Court has asked the CBI about the slow progress of the trial, stating that it won’t finish in 25 years. This comes as they grant bail to Christian Michel after he spent 6 years in custody.
The Supreme Court has granted bail to Christian Michel, who is accused of being a middleman in the AgustaWestland VVIP helicopter scam. The Court pointed out that he has been in jail for a long time and that the trial has been delayed. Justices Vikram Nath and Sandeep Mehta criticized the Central Bureau of Investigation (CBI) for not finishing the investigation, even after filing three charge sheets since Michel’s extradition in 2018. Justice Mehta stated, “This is the worst kind of imprisonment when the CBI is not ready with the chargesheet, and the accused has been in jail for six years.” The Court also highlighted that the trial has not started yet, leading Justice Nath to ask, “Why do you want him in custody after six years?”
The CBI’s lawyer claimed the agency was prepared to move forward with the trial, but the Court questioned why it had not happened sooner. The lawyer for Michel argued that the maximum sentence for the charges is seven years, and his client has already spent most of that time in jail. The Court found that keeping him in detention was not justified and decided to grant bail, stating, “Given the facts and that the petitioner has been in custody for over six years with three charge sheets filed, we will grant bail under the conditions set by the trial court.” The CBI has been instructed to request any conditions for Michel’s release from the trial court. “The CBI will make the necessary request to the Trial Court for conditions to be set,” the Bench ordered.
In March 2024, the Apex Court rejected Michel’s Habeas Corpus petition for bail. The Court stated, “How can you file an Article 32 Petition? Submit a regular bail application.” It added, “Cannot go ad nauseam,” while dismissing the request. The Petitioner’s Counsel referred to Section 21 of the Extradition Act, 1962, which protects certain individuals returned by foreign states from being tried for specific offenses. The Court noted that the same argument had been previously rejected, so it would not consider the petition again. In March 2022, the Delhi High Court had also denied bail applications from Christian Michel James, the alleged middleman in the AgustaWestland scam under investigation by the CBI and ED. This scam involves the purchase of 12 VVIP helicopters worth Rs 3,600 crore. After the High Court’s decision, James appealed to the Supreme Court, which dismissed his bail plea on February 7, 2023.
The Chief Justice of India, D.Y. Chandrachud, along with Justices P.S. Narasimha and J.B. Pardiwala, stated that the basis for the petitioner’s bail request under Section 436A is not valid. The petitioner faces serious charges under Sections 415, 420, and 120B of the IPC, as well as Section 8 of the PC Act, and is accused of an offense under Section 467 IPC, which can lead to life imprisonment. Therefore, Section 436A does not apply in this case. The Court also noted that the High Court’s Single Judge considered the circumstances of the petitioner’s extradition from the UAE for trial in India. As a result, the Court found no merit in the Special Leave Petitions.
James had previously stated he was not needed for the investigation and was willing to assist. The applications mentioned that he had not tried to avoid legal proceedings and that further custody would not be beneficial. James was extradited from Dubai in December 2018 and arrested by two investigating agencies. The CBI’s charge sheet claims a loss of approximately 398.21 million euros (around Rs 2,666 crore) to the government due to a deal signed on February 8, 2010, for VVIP choppers costing 556.262 million euros. The ED’s charge sheet against James, filed in June 2016, alleged he received 30 million euros (about Rs 225 crore) from AgustaWestland. James is one of three alleged middlemen in this case, along with Guido Haschke and Carlo Gerosa.
Cause Title: Christian James Michel v. CBI [SLP(Crl) No. 17016/2024; Diary No. 55453/2024]
