E-Paper
Alleged middleman Michel bail plea over Covid-19 denied; you are in a separate cell, says judge
Justice Mukta Gupta said that the petitioner is lodged in a separate cell with only two other prisoners and thus, is not in a barrack or dormitory where there are a number of prisons.
The Delhi High Court on Monday dismissed the bail application of Christian Michel, alleged middleman in the AgustaWestland scam, who had moved court seeking release from Tihar jail on the grounds of the spread of coronavirus pandemic.
Justice Mukta Gupta said that the petitioner is lodged in a separate cell with only two other prisoners and thus, is not in a barrack or dormitory where there are a number of prisons.
“It is not the case of the petitioner that any of the two inmates residing with him are suffering from Covid-19 pandemic. Hence, the apprehension of the petitioner also because of the vulnerable age and overcrowding in jail that he is likely to contact Covid-19 which may be detrimental to his health, is unfounded,” the judge said.
Michel is in judicial custody from January 2019 and has been lodged in Tihar jail for 16 months now. He was extradited by the CBI from Dubai in December 2018.
Appearing for Michel, his counsel Aljo K Joseph and Sriram Parrakat, had submitted Michel has a low immunity level and is aged 59 years. He states that the strength of the prisoners of Tihar Jail is 10,000 whereas presently, around 17,000 prisoners are lodged therein. Thus, because of overcrowding and social distancing not being mentioned, petitioners are prone to catch Covid-19.
They also contended that the charge sheet has already been filed and other co-accused have been granted bail.
However, the court said despite being a British national, Christian Michel has not been in that country for the last 6-7 years and had to be extradited from Dubai after an inquiry. The judge said he was a flight risk and had no roots in the society.
The court had heard the arguments through video conferencing on Monday and had reserved the order.
Meanwhile, the Delhi High Court also rejected the bail application of Shivinder Mohan Singh, ex-promoter of Ranbaxy, stating that he is already in isolation and is maintaining social distancing.
Justice Mukta Gupta said that even if Singh has to use common facilities like restroom and taking food, the distancing can still be maintained besides maintaining hygiene by use of adequate measures including washing hands etc. to which the petitioner does not state that there is any inadequacy.
Singh, through his advocate, had also sought release on the ground that he would be of help to the society in view of his expertise in the healthcare sector. However, the court said that the apex court has already asked Singh to give his suggestions which would be considered by the concerned authorities.
“The suggestions have been transmitted to the concerned authorities and if they find feasible and need the co-operation of the petitioner, they would be at liberty to take the same through various means including Video Conferencing as is done in all the cases,” the court said.
