The Delhi High Court heard the arguments of Christian James Michel, an accused in the AgustaWestland VVIP money laundering scam, on Tuesday.
Michel, who is under investigation by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), is linked to a scam estimated at Rs 3,700 crore. Justice Swarana Kanta Sharma, who was presiding over the case, recorded Michel’s submissions and scheduled the next hearing for February 28, 2025.
ED Argues Bail Could Pose Flight Risk
Special Counsel Zoheb Hossain, representing the Enforcement Directorate (ED), argued against Michel’s bail, emphasizing that the court had granted Michel bail only in the CBI’s predicate case, not in the ED’s case.
Hossain argued that, as a British citizen, Michel posed a significant flight risk and could potentially abscond. He also raised concerns about Michel’s continued presence in India during the ongoing investigation.
Michel’s Counsel Challenges Flight Risk Claims
In response, Michel’s counsel, Advocate Aljo Joseph, countered the ED’s claims. Joseph highlighted that Michel’s passport had already expired, and he would need the court’s permission to apply for a new one.
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The defense lawyer argued that if the trial court imposed conditions on Michel’s bail, it could delay his release. Joseph further asserted that if granted bail, Michel could seek permission from the trial court to apply for a passport and, ultimately, a visa.
Court Awaits Trial Court’s Decision On Bail Conditions
The bench, acknowledging the ED’s concern about Michel’s flight risk, noted that the trial court handling the predicate offence had not yet imposed any conditions.
Justice Sharma expressed that the court was not prepared to address the matter further at this stage, but it would carefully examine the conditions the trial court would set. The bench remarked that it would wait for the trial court’s decision on bail conditions before proceeding.
Defense Asserts Michel Has Already Served Time
Advocate Joseph further dismissed the ED’s apprehensions, arguing that once Michel had served the maximum sentence, the question of whether he would stay or flee was irrelevant.
He informed the court that Michel had already spent six years and two months in incarceration, in addition to four months in Dubai. Joseph emphasize that Michel entitle to remission, and the ED’s fears about him fleeing lacked merit.
Previous Legal Developments
The case has seen several significant developments in recent months. In May of the previous year, the Supreme Court issued a notice on a bail application filed by Michel, directing the CBI and ED to submit their responses.
In a previous ruling, the Delhi High Court had dismissed Michel’s bail application in March 2022, related to the AgustaWestland VVIP chopper scam. Michel had argued that his detention in India violated international human rights provisions and pointed to his acquittal in Italy on similar charges.
As the legal battle continues, the Delhi High Court will review Michel’s bail plea and the conditions set by the trial court during the upcoming hearing on February 28.
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