The Supreme Court of India
New Delhi: The Supreme Court declined to consider a plea from Christian Michel, a British national extradited in connection with the AgustaWestland case, who had sought immediate release from jail, on Monday.
Michel argued that he had already spent five years and three months in jail, exceeding the maximum term of five years even if convicted, thus rendering his judicial custody unlawful.
A bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala, Manoj Misra informed the petitioner’s counsel, Aljo K Joseph, that the court is not inclined to entertain the plea seeking release from jail.
Michel’s counsel argued that the petitioner cannot be charged under any offenses not included in the extradition application.
“We cannot continue indefinitely,” the bench remarked, questioning the filing of the writ petition under Article 32 of the Constitution.
In his plea, Michel contended that the investigation in the case is ongoing, and the trial has yet to commence, making his continued judicial detention “unlawful.”
The plea requested a declaration that the petitioner’s detention in judicial custody is illegal and violates Article 21 of the Constitution. It also sought a directive for his release since he has already completed the maximum sentence allowable under the law in this case.
The plea referred to Section 436A of the Code of Criminal Procedure (CrPC), which allows undertrials to be released on bail if they have served even half the sentence of the maximum punishment they could receive if convicted before the 2014 amendment. The maximum sentence for the offense he is charged with is only five years. Additionally, it cited Section 21 of the Indian Extradition Act 1962.
Michel, a British citizen, was extradited to India on December 5, 2018, from the UAE. Upon his arrival in India, he was arrested by the CBI and later by the Enforcement Directorate (ED). Since then, he has been in judicial custody at Tihar Jail.
On January 1, 2014, India terminated the contract with Finmeccanica’s British subsidiary, AgustaWestland, for the supply of 12 AW-101 VVIP choppers to the Indian Air Force, citing alleged breaches of contractual obligations and accusations of kickbacks amounting to Rs 423 crore.
Michel was alleged to be the middleman in the AgustaWestland chopper deal.
The AgustaWestland case revolves around a 2007 contract signed by the government to purchase 12 luxury helicopters for use by top leaders, including the President, Prime Minister, and former prime ministers.
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