AgustaWestland chopper deal: Delhi HC seeks Govt, CBI, ED responses on ‘scam’ accused Christian Michel’s plea for release from jail

The contract was given in 2010, and cancelled in January 2014 following the allegations of bribery. Michel was extradited to India from Dubai in December 2018 under the India-UAE extradition treaty, and has been in jail ever since. Finmeccanica is now known as Leonardo SpA.

Michel has asked the HC to direct that Article 17 of the treaty is unconstitutional vis-à-vis the rights he is entitled to, such as the right to life under Article 21 of the Constitution. He has argued that his continued judicial custody is illegal, since he has completed the maximum punishment prescribed for the offences that he is accused of, even as the trial remains pending.

Article 17 prohibits trial for offences for which the extradition has not taken place.

According to Michel, as per the extradition treaty, he was extradited only in respect of offences under IPC sections 120B (criminal conspiracy), and 415 and 420 (cheating), where the maximum sentence prescribed is up to seven years in jail. He has pleaded that other offences, including those under the Prevention of Money Laundering Act (PMLA), on which the ED’s case is based, cannot be invoked under the terms of the treaty.

Appearing for the MHA and MEA, standing counsel Satya Ranjan Swain on Monday took a preliminary objection to the maintainability of Michel’s petition.

A Bench of Justices Vivek Chaudhary and Manoj Jain directed the respondent parties to file their replies to the plea, “including all objections”, or on maintainability of the petition, if they so wished.

The court will hear the matter next on January 9.

Michel is due to complete seven years in prison on December 4 this year. He is facing charges of cheating and criminal conspiracy under IPC Sections 420 and 120B, and of money laundering under the provisions of the PMLA. The CBI, which filed its first chargesheet in 2017, has alleged that undue favours were granted to AgustaWestland in lieu of the illegal gratification.

A special CBI court in Delhi dismissed Michel’s application seeking release on August 7, noting that the benefit of release of an undertrial upon completion of the maximum possible sentence cannot be granted, as he is alleged to have committed an offence under IPC Section 467 IPC (forgery of valuable security, will, etc.) which is punishable with life imprisonment.

The CBI court reasoned that it “cannot be said that the accused has already undergone the period of maximum punishment” and whether IPC section 467 IPC is made out or not is to be decided at the stage of framing of charges.