Delhi court pulls up Tihar Jail authorities over missing threat report of Agusta accused

Special Judge Sanjay Jindal directed Tihar authorities to file the report by July 7 after it was informed that the original report sought by the court was “not traceable despite best efforts”

Calling it a matter of serious concern, a Delhi court on Monday asked the Tihar Jail authorities to produce the original inquiry report file pertaining to the alleged threats to Christian James Michel, the British national accused in the AgustaWestland chopper case.

The judge was hearing accused’s plea seeking a re-look at the findings of an inquiry report dated August 29, 2019. (PTI file photo)

The court expressed concern that the report, which was prepared following a complaint of a poisoning attempt inside jail, was still missing despite multiple hearings where the issue of Michel’s safety was flagged.

Special judge Sanjay Jindal, hearing the matter at Rouse Avenue Court, said it was a “serious concern” that the inquiry file pertaining to alleged threats faced by Michel from fellow inmate Shahnawaz remained untraceable six years later.

Michel is accused of acting as a middleman in the controversial helicopter deal and is facing proceedings under the Prevention of Corruption Act and money laundering charges.

“Let the Director General (Prisons), Tihar Jail, be asked to trace and produce the above inquiry file. In case the file is still not traceable, then a report regarding the facts and circumstances leading to the untraceability of the inquiry file be submitted on the next date of hearing,” ordered the court, listing the matter next for July 7.

The court also directed Tihar jail authorities to ensure all necessary safeguards for Michel’s safety are in place, even as he continues to remain lodged in prison despite being granted bail in both the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) cases.

The fresh direction came in response to a reply from Tihar jail, which stated that despite best efforts, the original case file of the inquiry conducted by then DG (Prisons) Rajesh Chopra could not be located.

The 2019 inquiry was ordered after Michel alleged that a fellow inmate, Shahnawaz -- who had multiple serious criminal cases and 41 misconduct complaints against him, had attempted to poison him in jail number 1. At the time, Michel had flagged the issue to the British High Commission, triggering an internal probe. However, jail authorities later claimed the inquiry concluded there was no threat to Michel’s life.

Despite this, the matter resurfaced earlier this year when Michel, through his counsel Aljo K Joseph, filed an application seeking reconsideration of the findings of that report. He argued that the conclusions of the inquiry contradicted the statements of various witnesses recorded during the proceedings. The court agreed to summon the file for better clarity.

The original direction to produce the report came in April from special judge Sanjeev Aggarwal (now transferred), who observed that the complaint, if true, was of “serious concern,” noting Michel’s claim that it was a pre-planned conspiracy to eliminate him inside jail.

“It will be expedient in the interest of justice that the said inquiry file, on the basis of which the inquiry report dated August 29, 2019, was given, be called from the Senior Law Officer of Prison Headquarters through DG (Prisons),” judge Aggarwal had said.

In that hearing, the jail superintendent had informed the court that both Michel and Shahnawaz were now lodged in separate jails, and Michel was in a safe environment. The superintendent confirmed that the two shared the same ward for ten months in 2019, but Shahnawaz had since been moved.

Judge Aggarwal had also pulled up jail officials then for allowing Michel to share a cell with a hardened criminal, remarking that such lapses “bring a bad name to the country.”

Michel remains in judicial custody even after the Delhi High Court last month relaxed his bail conditions, allowing him to furnish a personal bond of ₹5 lakh and a cash surety of ₹10 lakh, in place of a local surety bond, which his lawyer said was impossible as Michel had no contacts in India to stand surety for him.

James was extradited on December 4, 2018, from Dubai, where he spent four months in custody.