AgustaWestland case: SC grants bail to Christian Michel in CBI probe
Michel is also in custody in a separate criminal case under PMLA, being investigated by the Enforcement Directorate.
The Supreme Court on Tuesday granted bail to Christian James Michel in the AgustaWestland case being investigated by the Central Bureau of Investigation, taking exception to the agency’s failure to begin trying the case.
Michel, who was extradited to India from Dubai in December 2018 is also in custody in a separate criminal case under the Prevention of Money Laundering Act (PMLA) being investigated by the Enforcement Directorate. He require bail in the ED case as well to be released from jail. His bail plea in the Delhi High Court is tentatively listed on Wednesday.
Deciding his bail plea, a bench of justices Vikram Nath and Sandeep Mehta said, “This is the worst kind of incarceration where CBI has not completed trial despite filing two charge sheets and documents relied by you have not been given to him.”
The court said, “Considering the facts and circumstances of the case, particularly that the petitioner was extradited in 2018 more than six years ago, and according to CBI, despite filing two charge sheets and supplementary charge sheets, investigation is still ongoing, we are inclined to grant bail on such terms and conditions to be determined by the trial court.” The court permitted
CBI to request for the imposition of suitable conditions.
CBI claimed in its first charge sheet filed on September 1, 2017 that, in 2004, officials at Prime Minister’s Office (PMO), Special Protection Group (SPG) and air force and ministry of defence, agreed to change the mandatory service ceiling of the helicopters from 6,000 meters to 4,500. This, it alleged, ultimately benefitted Anglo-Italian firm AgustaWestland.
The irregularities in the award of the contract to AgustaWestland led to an estimated loss of Euro 398.21 million (around ₹2,666 crore) to the government in the Euro 556.262 million ( ₹3726.9 crore) contract according to CBI.
The contract – alleged violations and kickbacks in the deal became one of the biggest controversies during the United Progressive Alliance (UPA) regime -- for supplying 12 VVIP choppers was given to Anglo-Italian firm AgustaWestland in February 2010. The deal was eventually scrapped in 2014.
CBI alleges that Michel was the middleman in the deal.
Last week, CBI filed an affidavit opposing bail for Michel by claiming that investigation was still ongoing to identify the ultimate beneficiaries of kickbacks received and that releasing Michel would impact the letter rogatories issued to nine countries. The bench did not take kindly to the submission: , “You have said blatantly that there is no limitation on you to continue with the investigation. Going by what you say, it will take you 25 years to complete trial.”
Advocate Aljo K Joseph who appeared for Michel submitted that this is a fit case for grant of bail citing his health and the fact that he has spent more than six years in custody.
Michel has consistently claimed that he has completed the maximum sentence of five years for the offences of deception and cheating under sections 415 and 420, the charges based on which he was extradited from Dubai in 2018. It was only later that CBI added Section 467 of IPC against him by way of supplementary charge sheets filed in September 2020 and March 2022. This offence is punishable with a maximum sentence of life imprisonment.
CBI has so far named former defence secretary Shashi Kant Sharma and four Indian Air Force (IAF) officers for allegedly favouring the firm in the controversial deal signed in 2010. Michel was named by CBI in its September 2017 charge sheet while the ED initiated probe into the money trail following the payment of kickbacks in the deal.