The Supreme Court on Friday referred a petition filed by Christian Michel James, the alleged middleman in the ₹3,600-crore AgustaWestland VVIP chopper scam, to another bench. James is seeking his release from custody, challenging his continued detention and certain provisions of the extradition treaty between India and the UAE.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi noted that earlier petitions involving the accused had been heard by a bench led by Justice Vikram Nath.
“Let this matter be referred to a bench headed by Justice Vikram Nath,” the Chief Justice stated during the proceedings.
The British national approached the apex court after the Delhi High Court, on April 8, dismissed his petition seeking release. The High Court had ruled that there was “no merit” in the plea of James, who was extradited to India from Dubai in December 2018.
In his current petition, James has assailed a trial court order dated August 7, 2025, which rejected his application for release under Section 436A of the Code of Criminal Procedure (CrPC). James contends that as of December 4, 2025, he has completed seven years in jail, which he argues constitutes the maximum sentence possible for the offences for which he was extradited. Consequently, he claims his continued detention is illegal.
Furthermore, James has challenged the validity of Article 17 of the 1999 India-UAE extradition treaty. This provision allows the requesting state to prosecute an extradited individual not only for the specific offence cited in the extradition request but also for “connected offences.” His legal counsel argued before the lower courts that an extradited person should only face trial for the specific offences for which the extradition was granted.
The Delhi High Court, in its earlier dismissal, observed that James was attempting to “re-agitate” issues related to the treaty that had already been considered, at least on a prima facie basis, by the Supreme Court. The court ruled that James was extradited to face trial for offences directly arising from the factual background of the AgustaWestland case, thus falling squarely within the scope of the treaty.
Following his extradition in 2018, James was arrested by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). He is one of three alleged middlemen under investigation, alongside Guido Haschke and Carlo Gerosa.
While the Supreme Court granted him bail in the CBI case in February 2025, and the High Court granted bail in the ED case in March of the same year, James remains in custody. This is reportedly due to his inability to fulfill the bail conditions set by the courts.
The trial court had directed James to furnish a personal bond of ₹5 lakh and a cash surety of the same amount for the CBI case. For the ED case, the High Court required a personal bond of ₹5 lakh and a cash surety of ₹10 lakh. The High Court had also clarified that James could be released without depositing his passport, as it had expired, but instructed the Foreigners Regional Registration Office (FRRO) to ensure he does not leave the country.
The CBI’s charge sheet alleges that the VVIP chopper deal, signed on February 8, 2010, caused an estimated loss of 398.21 million euros (approximately ₹2,666 crore) to the exchequer. The contract was for the supply of 12 AW-101 helicopters.
The Enforcement Directorate, in its June 2016 charge sheet, alleged that James received approximately 30 million euros (about ₹225 crore) from AgustaWestland as part of the deal.
