New Delhi, May 4: The Supreme Court heard the petition of Christian Michel James, an accused in the Augusta Westland VIP helicopter scam, on Monday. This petition challenges a crucial provision of the India-UAE extradition treaty, specifically Article 17. The court has issued a notice in the matter and has requested a response within four weeks.
The hearing was conducted by a bench comprising Justice Vikram Nath and Justice Sandeep Mehta. During the proceedings, Michel’s lawyer argued that the Delhi High Court had stated in its ruling that international treaties could be considered superior to laws enacted by Parliament. The lawyer contended that this assertion is incorrect.
Michel’s primary objection is against Article 17, which states that a person extradited for one crime may also face prosecution for related offenses. Michel argues that this contradicts Section 21 of India’s extradition law, which clearly states that a person can only be prosecuted for the crimes for which they were extradited.
Consequently, Michel has challenged the Delhi High Court‘s order in the Supreme Court, which had dismissed his petition. The High Court not only upheld Article 17 but also denied his request for release from jail.
Michel is accused of acting as an intermediary for the Augusta Westland company in a VIP helicopter deal in India. Allegations suggest that in 2005, the flight altitude of the helicopters was reduced from 6000 meters to 4500 meters to benefit the company. Reports of bribery have also emerged. Investigative agencies claim that this entire deal involved significant corruption, causing substantial loss to the national treasury.
According to the CBI, this deal resulted in a loss of approximately 398.21 million euros, or about 2666 crore rupees, to the country. The agreement was made on February 8, 2010, with a total value of 556.262 million euros. Meanwhile, the ED alleges that Michel received around 30 million euros, equating to approximately 225 crore rupees, from this deal.
The CBI registered a case on March 12, 2013, which includes several sections of the Indian Penal Code, including 120B and 420, as well as multiple provisions of the Prevention of Corruption Act. The ED filed a chargesheet in June 2016, alleging that Michel acquired this amount and used it in various ways.
Michel was extradited from Dubai to India on December 4, 2018, following an order dated September 2, 2018. After being brought to India, he argued in the Delhi High Court that he was only brought under specific charges and should not face prosecution for unrelated crimes.
He claimed that under Section 21 of the Extradition Act, no individual should be dragged into cases unrelated to the charges for which they were extradited. He also stated that Article 17 violates Articles 21, 245, and 253 of the Constitution by expanding the scope under the guise of related offenses.
However, the Delhi High Court dismissed his arguments, stating that both India and the UAE are sovereign nations that have mutually agreed that extradited individuals can be prosecuted for related crimes. The court also noted that the arrangement is not against the Extradition Act but aligns with it.
The High Court acknowledged that the offenses for which Michel was extradited are all connected to the same factual background, making prosecution appropriate.
Michel also filed another application seeking release under Section 436A of the CrPC, arguing that he has already served the maximum time for his sentence. However, the Delhi High Court rejected this petition as well.
It is noteworthy that Michel was granted bail by the Supreme Court in the CBI case on February 18, 2025, and later received bail from the Delhi High Court in the ED case on March 4, 2025. However, he remains in custody due to non-compliance with certain conditions.
The Supreme Court has currently issued a notice on this petition and has sought a response within four weeks.
My name is Himanshu Tiwari. I am an experienced content writer with several years of expertise in the field. Currently, I contribute to Daily Kiran, creating engaging and informative content across a variety of categories including TECHNOLOGY, health, travel, education, and automobiles. My goal is to deliver accurate, insightful, and captivating information through my words to help readers stay informed and empowered.
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