AgustaWestland : Keep Christian Michel Out Of Solitary Confinement, Directs CBI Court[Read Order]

A Special CBI Court in Delhi today directed that Chirstian Michel, the alleged middleman in AgustaWestland case, should be kept out of solitary confinement.

"It is an undisputed fact that solitary confinement can cause an array of mental disorder as well as provoke an already existing mental disorder in prison", observed Special Judge Arvind Kumar, while considering Michel's application for shifting him out of solitary cell to normal cell.

"...an accused cannot be kept in isolation or solitary confinement in the name of security", the Court observed, rejecting the argument of the jail authorities that he was kept there considering his security and safety. The Court also directed the jail authorities to file a report regarding the same within three days

The Court also accepted Michel's demand that he should be granted all facilities such as library, books, magazines, sports, canteen etc. as per jail manual.

Before passing the order, the CBI judge examined CCTV footage of 5 days of the barrack in which the accused was kept. It was noted that all cells in the block were vacant. Not even a single co-prisoner was allowed in the block and not even a single person was within the visible range of the cell where he was kept. The court held that he was kept in total isolation and that the same was not less than "solitary confinement".

Earlier, Michel had filed an application stating that he was kept in a general cell with 40 co-prisoners, who were trying to interact with him by putting to him uncomfortable questions affecting his personal liberty. 

On March 5, the Court had directed to keep Michel in a cell meant for undertrials from the present high security cell which is meant for convicts.

Michel is represented by lawyers Aljo K Joseph, Sriram Parakkat and Vishnu Shankar.

Michel is among the three alleged middlemen being probed in the case by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) in the VVIP chopper scam involving AgustaWestland company. The others are Guido Haschke and Carlo Gerosa.

The CBI has alleged there was an estimated loss of Euro 398.21 million (about Rs 2,666 crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million. The ED, in its charge sheet filed against Michel in June 2016, had alleged that he received EUR 30 million (about Rs 225 crore) from AgustaWestland.

He was extradited from Dubai last December and was arrested by the Enforcement Directorate on December 22 and sent to seven days custody of the agency over money laundering charges in the scam after he was produced in a court here.

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