AgustaWestland chopper deal: Delhi HC seeks Govt, CBI, ED responses on ‘scam’ accused Christian Michel’s plea for release from jail
Michel was extradited from Dubai almost seven years ago in December 2018. He has alleged violation of the terms of extradition, and argued that he has already served the maximum sentence prescribed under the offences that he is accused of.
The CBI, which filed its first chargesheet in 2017, has alleged that undue favours were granted to AgustaWestland in lieu of the illegal gratification.
The Delhi High Court on Monday directed the Union Ministries of Home Affairs (MHA) and External Affairs (MEA), and the Central Bureau of Investigation (CBI) and Directorate of Enforcement (ED) to respond to a petition by British citizen Christian Michel James challenging an order by a trial court that had rejected his application seeking release from jail in August.
Michel is an alleged middleman who is accused of bribing Indian military and civilian officials and politicians hundreds of crores to swing a Rs 3,600-crore deal to buy 12 VVIP helicopters for the Indian government in favour of AgustaWestland, the former British subsidiary of the Italian aerospace company earlier known as Finmeccanica.
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.
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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.
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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