Report Wire

Tag: AgustaWestland

  • AgustaWestland Chopper Scam: Supreme Court rejects bail plea of ‘intermediary’ Christian Michel James

    Express News Service

    NEW DELHI: The Supreme Court on Tuesday dismissed the bail plea of AgustaWestland (an Anglo-Italian helicopter design and manufacturing firm) VVIP chopper rip-off accused Christian Michel James.

    Christian, who was arrested and extradited from Dubai on December 4, 2018, approached SC towards Delhi High Court’s order refusing to grant him bail on the bottom that he coated u/s 436A of CrPC which offers with the utmost interval for which an underneath trial prisoner may be detained. He had acknowledged in his plea that he had coated 50% of his most sentence which in accordance with sections 8 and 9 of the Prevention of Corruption Act was 5 years.

    A bench of Chief Justice of India, DY Chandrachud, Justices PS Narasimha, and JB Pardiwala whereas dismissing his plea famous that his case was not coated underneath part 436A CrPC. The bench nonetheless stated that the court docket’s observations wouldn’t are available in the best way of him approaching a trial court docket for normal bail. 

    “The fundamental basis on which the petitioner has sought bail (436A) cannot be accepted as valid. We are not inclined to accept submissions of petitioners. The single judge of HC while declining bail has also adverted to the circumstances that led to the petitioner’s extradition. It has emerged before the court that bail is being sought under 436A and that cannot be granted. The provisions of Section 436A would not be applicable in this case. We find no merit in the Special Leave Petition (SLP). We clarify that the present order shall not come in the way of approaching the trial court for regular bail. The SLP is dismissed. We clarify that the present order shall not come in the way of the petitioner approaching the trial court for grant of regular bail,” the court docket stated in its order. 

    During the listening to, the bench nonetheless expressed issues with regard to his prolonged interval of custody.

    “Ultimately how long will you keep him in custody? Mr Jain, you will have to be fair to him. Till when do you propose to keep him in jail? How long will the process of LRs continue? ,2 years, 3 years.. ? Tell us by when it will conclude? It cannot go on endlessly,” Chandrachud remarked. 

    Justice PS Narasimha added, “It cannot be open-ended from your side. You must say a time.” 

    Earlier, the bench whereas expressing issues on the tempo with which CBI and ED had been conducting trial towards Christian Michel James, the intermediary who was allegedly accountable for unlawful transactions within the AgustaWestland VVIP chopper rip-off, the Supreme Court had requested probe companies whether or not it was justified to maintain him behind bars and deprive him of his liberty as a result of his nationality. 

    ALSO READ | AgustaWestland rip-off: SC asks probe companies how lengthy will Christian Michel be saved in custody

    Michaels’ counsels, Advocates Aljio Joseph, Sriram Parakkat, and Vishnu Shankar contended that Michel’s case was coated u/s 436A of CrPC and that he had coated 50% of his most sentence which in accordance with sections 8 and 9 of the Prevention of Corruption Act was 5 years. He additional added that Michel may solely be tried for the offence talked about within the extradition treaty. “The investigation had started in 2013 and is still not complete. All persons who were extradited have been granted bail,” he added. 

    On the opposite hand, ASG Sanjay Jain whereas opposing his bail stated that the CBI was conducting an additional investigation and would file the chargesheet quickly. He additionally contended, “In CBI case he is charged with section IPC 467 (forgery of a valuable document) in which maximum sentence is 10 yrs or life imprisonment.” 

    Jain additionally stated the availability within the statute that such an individual shall not be tried for offences aside from these for which he has been extradited needed to be learn together with the treaty, which stated that “including connected offences. It cannot be read in isolation”.

    Delhi HC whereas dismissing his bail plea had noticed that allegations towards Christian had been critical in nature.

    “The allegations levelled against the applicant are serious in nature, for having committed a grave economic offence. He is reported to have transferred confidential information regarding the VVIP helicopters deal to AWIL, in order to influence the deal in its favor. He is also accused of having facilitated the payment of kickbacks/bribe amounts by AWIL to Indian bureaucrats, politicians, etc. in connection with the deal. For his services, he is alleged to have received Euro 30 million from AWIL, which amount is stated to have been routed further through his companies to co-accused persons/entities and later projected as untainted.”

    The CBI had alleged that there was an estimated lack of Euro 398.21 million (about Rs 2666 Crore) to the exchequer within the deal that was signed on February 8, 2010, for the provision of VVIP choppers value Euro 556.262 million. ED had then filed a chargesheet towards Michel in June 2016, alleging that he had obtained EUR 30 million (about Rs 225 crore) from AgustaWestland.

    NEW DELHI: The Supreme Court on Tuesday dismissed the bail plea of AgustaWestland (an Anglo-Italian helicopter design and manufacturing firm) VVIP chopper rip-off accused Christian Michel James.

    Christian, who was arrested and extradited from Dubai on December 4, 2018, approached SC towards Delhi High Court’s order refusing to grant him bail on the bottom that he coated u/s 436A of CrPC which offers with the utmost interval for which an underneath trial prisoner may be detained. He had acknowledged in his plea that he had coated 50% of his most sentence which in accordance with sections 8 and 9 of the Prevention of Corruption Act was 5 years.

    A bench of Chief Justice of India, DY Chandrachud, Justices PS Narasimha, and JB Pardiwala whereas dismissing his plea famous that his case was not coated underneath part 436A CrPC. The bench nonetheless stated that the court docket’s observations wouldn’t are available in the best way of him approaching a trial court docket for normal bail. 

    “The fundamental basis on which the petitioner has sought bail (436A) cannot be accepted as valid. We are not inclined to accept submissions of petitioners. The single judge of HC while declining bail has also adverted to the circumstances that led to the petitioner’s extradition. It has emerged before the court that bail is being sought under 436A and that cannot be granted. The provisions of Section 436A would not be applicable in this case. We find no merit in the Special Leave Petition (SLP). We clarify that the present order shall not come in the way of approaching the trial court for regular bail. The SLP is dismissed. We clarify that the present order shall not come in the way of the petitioner approaching the trial court for grant of regular bail,” the court docket stated in its order. 

    During the listening to, the bench nonetheless expressed issues with regard to his prolonged interval of custody.

    “Ultimately how long will you keep him in custody? Mr Jain, you will have to be fair to him. Till when do you propose to keep him in jail? How long will the process of LRs continue? ,2 years, 3 years.. ? Tell us by when it will conclude? It cannot go on endlessly,” Chandrachud remarked. 

    Justice PS Narasimha added, “It cannot be open-ended from your side. You must say a time.” 

    Earlier, the bench whereas expressing issues on the tempo with which CBI and ED had been conducting trial towards Christian Michel James, the intermediary who was allegedly accountable for unlawful transactions within the AgustaWestland VVIP chopper rip-off, the Supreme Court had requested probe companies whether or not it was justified to maintain him behind bars and deprive him of his liberty as a result of his nationality. 

    ALSO READ | AgustaWestland rip-off: SC asks probe companies how lengthy will Christian Michel be saved in custody

    Michaels’ counsels, Advocates Aljio Joseph, Sriram Parakkat, and Vishnu Shankar contended that Michel’s case was coated u/s 436A of CrPC and that he had coated 50% of his most sentence which in accordance with sections 8 and 9 of the Prevention of Corruption Act was 5 years. He additional added that Michel may solely be tried for the offence talked about within the extradition treaty. “The investigation had started in 2013 and is still not complete. All persons who were extradited have been granted bail,” he added. 

    On the opposite hand, ASG Sanjay Jain whereas opposing his bail stated that the CBI was conducting an additional investigation and would file the chargesheet quickly. He additionally contended, “In CBI case he is charged with section IPC 467 (forgery of a valuable document) in which maximum sentence is 10 yrs or life imprisonment.” 

    Jain additionally stated the availability within the statute that such an individual shall not be tried for offences aside from these for which he has been extradited needed to be learn together with the treaty, which stated that “including connected offences. It cannot be read in isolation”.

    Delhi HC whereas dismissing his bail plea had noticed that allegations towards Christian had been critical in nature.

    “The allegations levelled against the applicant are serious in nature, for having committed a grave economic offence. He is reported to have transferred confidential information regarding the VVIP helicopters deal to AWIL, in order to influence the deal in its favor. He is also accused of having facilitated the payment of kickbacks/bribe amounts by AWIL to Indian bureaucrats, politicians, etc. in connection with the deal. For his services, he is alleged to have received Euro 30 million from AWIL, which amount is stated to have been routed further through his companies to co-accused persons/entities and later projected as untainted.”

    The CBI had alleged that there was an estimated lack of Euro 398.21 million (about Rs 2666 Crore) to the exchequer within the deal that was signed on February 8, 2010, for the provision of VVIP choppers value Euro 556.262 million. ED had then filed a chargesheet towards Michel in June 2016, alleging that he had obtained EUR 30 million (about Rs 225 crore) from AgustaWestland.

  • AgustaWestland chopper case: Christian Michel tried to go confidential papers to counsel, ED to SC

    By ANI

    NEW DELHI: The Enforcement Directorate (ED) on Tuesday knowledgeable the Apex Court that British citizen Christian Michel, accused within the AgustaWestland VVIP chopper rip-off, has tried to go confidential papers to his counsel on the time of authorized entry.

    The ED filed an affidavit within the prime court docket opposing Michel’s bail plea within the case.

    “It is submitted that during the course of Michel’s custodial interrogation, the accused has tried to pass confidential papers to his counsel at the time of legal access,” mentioned the ED.

    It mentioned that additional investigation within the current case remains to be ongoing and plenty of essential paperwork are required to be collected throughout jurisdictions for the aim of the investigation subsequently it’s strongly apprehended that he would possibly attempt to tamper with the witnesses or proof and impede the judicial course of.

    “Christian Michel James during his custodial interrogation undertook to provide the bank statements of his companies and the agreements and other relevant documents. He was also interrogated in Tihar Jail, New Delhi after taking permission from the Trial Court and during that time he also undertook to provide the said documents through the assistance of his lawyers, however, no information has been provided till date,” the affidavit added.

    “Michel is a key accused in the instant case and is accused of having played a pivotal role in the entire case, being a middleman engaged by M/s Augusta Westland for obtaining confidential information regarding the procurement process of VVIP helicopters by the government of India and was admittedly paid Euro 42 million for influencing the contract in its favour under the guise of five contracts (two of them revised time and again) through two of his firms namely M/s Global Trade & Commerce Ltd. London and M/s Global Services FZE, Dubai, UAE with M/s Finmeccanica, M/s Agusta Westland, M/s Westland Helicopters UK etc. to legitimize the illicit commission/kickbacks on the procurement of VVIP Helicopters by Ministry of Defense, India which constitutes a grave economic offence,” ED added in its affidavit.

    The investigating company informed the bench that the function of Michel is clearly established and the offence of cash laundering is squarely made out in opposition to him.

    Earlier, the apex court docket had issued notices to the Central Bureau of Investigation (CBI) and ED on the bail petitions of Michel in reference to the AgustaWestland VVIP chopper rip-off being probed by the businesses.

    Advocate showing for Michel had contended earlier than the highest court docket that the investigations are nonetheless not accomplished and he has undergone three years and 6 months as of now and earlier than extradition, he was in Dubai custody.

    Michel had challenged within the apex court docket the March 11 order of the Delhi High Court which had refused to grant him bail.

    In the High Court, ED and CBI had opposed the bail petition filed by Michel in reference to the VVIP chopper case.

    CBI had mentioned that he has a flight danger and it fears that due to the way in which the British authorities helps him, he would possibly flee and can by no means return.

    Michel had contended earlier than the High Court that every one the opposite accused within the case bought bail in 60 days and he’s the one one who hasn’t been given the bail and is struggling incarnation.

    READ HERE | AgustaWestland case: SG is Sushen Gupta not Sonia Gandhi, clarifies ED

    According to the bail petition, Michel mentioned that as a bail situation he can be obtainable to hitch the investigation and trial as and when required and has by no means sought to evade the method of regulation.

    Earlier, the trial court docket had rejected his bail plea and had proven its displeasure with the British High Commission for sending a letter addressed to it stating that the medical situation of Michel and his pre-trial detention of two and half years could also be taken under consideration when his bail utility is taken into account.

    Christian Michel James was extradited in 2018 after India gained the extradition case in Dubai. Christian Michel, the alleged intermediary within the deal, was deported from the UAE and is presently in judicial custody.

    The Dubai-based businessman Rajeev Saxena was extradited to India on January 31, 2019, in reference to the Rs 3,600-crore alleged rip-off referring to the acquisition of 12 VVIP helicopters from AgustaWestland.

    NEW DELHI: The Enforcement Directorate (ED) on Tuesday knowledgeable the Apex Court that British citizen Christian Michel, accused within the AgustaWestland VVIP chopper rip-off, has tried to go confidential papers to his counsel on the time of authorized entry.

    The ED filed an affidavit within the prime court docket opposing Michel’s bail plea within the case.

    “It is submitted that during the course of Michel’s custodial interrogation, the accused has tried to pass confidential papers to his counsel at the time of legal access,” mentioned the ED.

    It mentioned that additional investigation within the current case remains to be ongoing and plenty of essential paperwork are required to be collected throughout jurisdictions for the aim of the investigation subsequently it’s strongly apprehended that he would possibly attempt to tamper with the witnesses or proof and impede the judicial course of.

    “Christian Michel James during his custodial interrogation undertook to provide the bank statements of his companies and the agreements and other relevant documents. He was also interrogated in Tihar Jail, New Delhi after taking permission from the Trial Court and during that time he also undertook to provide the said documents through the assistance of his lawyers, however, no information has been provided till date,” the affidavit added.

    “Michel is a key accused in the instant case and is accused of having played a pivotal role in the entire case, being a middleman engaged by M/s Augusta Westland for obtaining confidential information regarding the procurement process of VVIP helicopters by the government of India and was admittedly paid Euro 42 million for influencing the contract in its favour under the guise of five contracts (two of them revised time and again) through two of his firms namely M/s Global Trade & Commerce Ltd. London and M/s Global Services FZE, Dubai, UAE with M/s Finmeccanica, M/s Agusta Westland, M/s Westland Helicopters UK etc. to legitimize the illicit commission/kickbacks on the procurement of VVIP Helicopters by Ministry of Defense, India which constitutes a grave economic offence,” ED added in its affidavit.

    The investigating company informed the bench that the function of Michel is clearly established and the offence of cash laundering is squarely made out in opposition to him.

    Earlier, the apex court docket had issued notices to the Central Bureau of Investigation (CBI) and ED on the bail petitions of Michel in reference to the AgustaWestland VVIP chopper rip-off being probed by the businesses.

    Advocate showing for Michel had contended earlier than the highest court docket that the investigations are nonetheless not accomplished and he has undergone three years and 6 months as of now and earlier than extradition, he was in Dubai custody.

    Michel had challenged within the apex court docket the March 11 order of the Delhi High Court which had refused to grant him bail.

    In the High Court, ED and CBI had opposed the bail petition filed by Michel in reference to the VVIP chopper case.

    CBI had mentioned that he has a flight danger and it fears that due to the way in which the British authorities helps him, he would possibly flee and can by no means return.

    Michel had contended earlier than the High Court that every one the opposite accused within the case bought bail in 60 days and he’s the one one who hasn’t been given the bail and is struggling incarnation.

    READ HERE | AgustaWestland case: SG is Sushen Gupta not Sonia Gandhi, clarifies ED

    According to the bail petition, Michel mentioned that as a bail situation he can be obtainable to hitch the investigation and trial as and when required and has by no means sought to evade the method of regulation.

    Earlier, the trial court docket had rejected his bail plea and had proven its displeasure with the British High Commission for sending a letter addressed to it stating that the medical situation of Michel and his pre-trial detention of two and half years could also be taken under consideration when his bail utility is taken into account.

    Christian Michel James was extradited in 2018 after India gained the extradition case in Dubai. Christian Michel, the alleged intermediary within the deal, was deported from the UAE and is presently in judicial custody.

    The Dubai-based businessman Rajeev Saxena was extradited to India on January 31, 2019, in reference to the Rs 3,600-crore alleged rip-off referring to the acquisition of 12 VVIP helicopters from AgustaWestland.

  • UN panel’s conclusions on Michel based mostly on restricted info, biased allegations: MEA

    Rejecting the opinion of the Working Group on Arbitrary Detention calling for instant launch of AgustaWestland VVIP chopper deal case accused British nationwide Christian Michel, India on Friday mentioned the conclusions drawn by the UN panel are based mostly on restricted info, biased allegations and an inaccurate understanding of its legal justice system.
    India additionally made it clear that the Working Group will not be a judicial physique, and due to this fact, its opinions are usually not legally binding on the member states.
    AFP on Thursday reported that the United Nations Working Group on Arbitrary Detention (WGAD) discovered that Michel, who has been held in India since December 2018 after being extradited from the United Arab Emirates, was being “detained arbitrarily”.
    Responding to queries over the report, Ministry of External Affairs Spokesperson Anurag Srivastava mentioned, “We have seen selective leaks of the opinion of the Working Group on Arbitrary Detention concerning the case of Mr. Christian James Michel, even before its official release.”
    “At the outset we would like to make it clear that the Working Group is not a judicial body, and therefore, its opinions are not legally binding on the Member States,” he mentioned.
    Srivastava mentioned the Indian authorities supplied well timed info on this difficulty to the Working Group in June 2020, at their request.
    “We regret that the conclusions drawn by the Working Group are based on limited information, biased allegations from an unidentified source and on an inaccurate understanding of India’s criminal justice system,” he asserted.
    The extradition was finished solely in accordance with the provisions of the extradition treaty signed between two sovereign states, Srivastava mentioned, including that the arrest and subsequent custody had been finished as per the due technique of regulation and can’t be thought of arbitrary on any grounds.
    “At no time was the accused denied his rights to legal counsel or a fair hearing. The fact that he has been able to approach courts on multiple occasions including the higher judiciary is itself proof of this,” the MEA Spokesperson mentioned.
    There have additionally been no restrictions on consular entry by the authorities, he asserted.
    Michel has been handled on par with different detainees and supplied all services by the jail authorities as per guidelines, Srivastava mentioned.
    The Working Group must be conscious that India has a strong grievance redressal mechanisms in opposition to allegations of violations of human rights in a vibrant and impartial judiciary and a ‘category A’ National Human Rights Commission compliant with the Paris Principles, he mentioned.

    Srivastava mentioned the allegations which kind the idea of the opinion rendered by the Working Group are opposite to details.
    “The Government of India therefore, rejects the opinion rendered by the Working Group,” he mentioned.
    India, as a accountable member of the Human Rights Council, will proceed to cooperate with the Working Group and supply it with the mandatory info to the extent attainable underneath Indian legal guidelines, to advertise and defend human rights of all, the MEA spokesperson mentioned.

    Michel is an accused within the VVIP chopper rip-off and has been in jail ever since he was introduced on a particular airplane from Dubai after UAE authorities handed him over to the Indian authorities in December 2018.