The Delhi High Court on Tuesday called for a response from the Enforcement Directorate (ED) regarding a plea by Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper scam, to modify his bail conditions. Justice Swarana Kanta Sharma issued a notice to the ED after James requested the waiver of a Rs 5 lakh surety condition imposed during his bail in the Rs 3,600-crore money laundering case.
The matter has been slated for further hearing on April 22. Michel, a British national involved in the high-profile case, argued that as a foreigner without deep-rooted connections in India, it is impractical for him to meet the bail condition requiring a surety from an Indian national. His plea also highlighted difficulties in surrendering his expired passport, noting that acquiring a new one could take up to two months.
Michel was granted bail by the Supreme Court in a related CBI case on February 18, citing his extended pre-trial detention of over six years as a breach of his right to a speedy trial under Article 21 of the Constitution. The Delhi High Court subsequently granted him bail in the ED case, marking it as an “exceptional situation” given the lengthy delay in the commencement of his trial due to an incomplete investigation.
In its earlier judgment, the high court criticized the prolonged incarceration without trial commencement, stating that such conditions should not indefinitely confine an accused under judicial custody. This stance was supported by the top court’s directive that emphasized the need for the ED to suggest appropriate conditions to the trial court before releasing Michel on bail.
The ED had opposed Michel’s plea, labeling him as a flight risk and arguing that he failed to meet the stringent conditions for bail under the Prevention of Money Laundering Act. Michel’s legal team contended that the prolonged detention violated his fundamental rights, given that the maximum sentence under the anti-money laundering law is seven years.
Christian Michel was extradited from Dubai in December 2018 and has since faced charges by both the CBI and the ED. The case involves alleged irregularities in the purchase of 12 VVIP helicopters from the Italian manufacturer AgustaWestland, with investigations revealing a substantial financial loss to the Indian exchequer.
