In the ongoing legal proceedings surrounding the AgustaWestland VVIP chopper scam, the Delhi High Court has reserved its judgment on the bail application of British national Christian Michel James, an alleged middleman in the case. The Enforcement Directorate (ED) has opposed the bail plea, citing concerns that Michel poses a significant flight risk due to his foreign nationality and the serious nature of the allegations against him.
During the hearing, the ED's counsel emphasized that Michel, being a British citizen, could potentially abscond if released on bail. They highlighted that Michel had previously evaded the investigation, necessitating his extradition from Dubai in December 2018. The ED also pointed out that the Supreme Court, while granting bail to Michel in the related Central Bureau of Investigation (CBI) case, had acknowledged these concerns, underscoring the necessity of satisfying the stringent twin conditions for bail under the Prevention of Money Laundering Act (PMLA).
In contrast, Michel's defense counsel argued that he has already been incarcerated for over six years, nearing the maximum sentence of seven years prescribed under the PMLA. They contended that his prolonged detention, coupled with the expiration of his passport, diminishes the likelihood of him fleeing the country. The defense further asserted that the time Michel spent in custody in Dubai should be considered part of his total incarceration period, a claim the ED disputes.
The case centers on allegations of corruption and money laundering in the ₹3,600-crore AgustaWestland VVIP chopper deal, which involved the procurement of 12 helicopters for high-profile dignitaries. The CBI's chargesheet alleges a loss of approximately €398.21 million (around ₹2,666 crore) to the Indian exchequer due to the deal. The ED's investigation claims that Michel received €30 million (about ₹225 crore) from AgustaWestland as kickbacks, which were purportedly funneled through a complex web of transactions to influence the contract's award.
Michel's legal battles have seen multiple bail applications being dismissed. In March 2022, the Delhi High Court denied his bail pleas in both the CBI and ED cases, citing the gravity of the accusations and the potential risk of absconding. The Supreme Court, in February 2023, also refused to grant him bail, reinforcing the concerns regarding his flight risk and the serious nature of the offenses alleged.
As the High Court deliberates on the current bail application, the case continues to draw significant attention due to its implications on international extradition protocols, the enforcement of anti-corruption laws, and the broader narrative of accountability in defense procurement processes. The court's impending decision will be pivotal in determining the course of the trial and Michel's role within it.
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