AgustaWestland VVIP Chopper Scam: Delhi High Court Reserves Order On Middleman Christian Michel's Bail Pleas

The Delhi High Court today reserved order on the bail applications filed by Christian James Michel, facing investigation by the Central Bureau of Investigation and the Directorate of Enforcement in connection with Augusta Westland case.

The bail pleas were moved in July last year. Justice Manoj Ohri secured the order today after hearing Advocate Aljo K Joseph for Michel, Advocate DP Singh for CBI and ASG SV Raju for the ED.

Today, Joseph handed over a 3-page short submission to the Bench. The Court has granted liberty to the ED to file a short response to the same within 3 days.

The CBI has opposed Michel's bail saying that he is a British national not having roots in India, and is at flight risk. It was also stated that he acted as a middleman, received money pursuant to certain contracts concerning the scam, and is not cooperating in the investigation.

The agency further alleged that two companies owned by Michel, one based in Dubai and another in London, received over 40 million dollars from Agusta Westland, against certain contract service agreements. It presented Tabular charts explaining the agreements, the money flow, and produced copies of some invoices and payment proofs, to establish that money flowed to Michel's companies.

Opposing his bail, the ED asserted that by reducing the height of Choppers, Michel has interfered with crucial defence equipment needed in high altitude areas like Ladakh. It further refuted the claim made by Michel's counsel that he was exonerated by an Italian court of all charges and insisted that bail must be denied for misleading the court.

It was further stated that rigours on grant of bail to an accused under the Prevention of Money Laundering Act will apply in this case.

Michel's counsel on the other and argued that mere fact of not having deep rooted connections in India cannot be a ground for the Trial Court to deny him bail. He assured the Court that Michel will cooperate in the investigations.

Joseph also placed on record today a letter purportedly issued by the British High Commission to the Ministry of External Affairs, clarifying that no travel document will be issued to Michel without court's approval. Presently, his passport is in CBI's custody.

He also refuted ED's claim regarding rigours of bail and argued that the provision, amended in 2018, cannot be applied retrospectively to Michel, chargesheet against whom was filed in 2016.

Michel was arrested in December 2018 after being extradited from Dubai. He is termed as a 'Middleman' for the alleged illegal transactions that took place in the VVIP chopper scam.

The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 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.

ED had then filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from Agusta Westland.

Case Title: Christian Michel James v. Directorate of Enforcement