'Matter of serious concern': Court on Tihar failing to find AgustaWestland accused's security file

New Delhi: A Delhi court on Monday said the missing inquiry file on the security aspect of jailed AgustaWestland case accused Christian Michel James was a matter of "serious concern" as it directed the Tihar authorities to locate it.

Special Judge Sanjay Jindal directed Tihar authorities to file the report by July 7 after it was informed that the original report sought by the court was "not traceable despite best efforts".

"Considering the seriousness of the issues raised by the accused and the facts which have come on record during recent hearings on the grievance of James, it is matter of serious concern that the case file of the inquiry on the basis of which report dated August 29, 2019 was given, is not traceable," the court said.

The judge continued, "Let the DG (Prisons), Tihar Jail, be asked to trace and produce the above inquiry file and in case the case file is still not traceable, then, to submit a report regarding the facts and circumstances leading to untraceability of the inquiry file, on next date of hearing." The court clarified all necessary safeguards for James' safety and security would in place nonetheless.

The judge was hearing accused's plea seeking a re-look at the findings of an inquiry report dated August 29, 2019 on the security arrangements for him inside the prison.

The jail authorities previously said that the application was filed by James after a gap of almost six years.

"Therefore, the application filed by the accused is based on surmises and conjectures. Further the accused has no threat to his life, while being lodged at present at jail 4, Tihar, and he is under safe and secure custody," a jail official informed the court.

James plea, filed on April 30, sought the reconsideration of the findings of the enquiry report of August 29, 2019, saying it was contrary to the statements of witnesses recorded during the inquiry.

The judge then said the matter was of serious concern, after particularly noting James' allegation of there being an attempt on his life by an co-inmate, who was a desperate criminal.

James alleged it to be a "pre-planned conspiracy" to eliminate him in the jail by his enemies related to this case by poisoning him.

The jail authorities had refuted the allegations of being kept with a "desperate accused" inside the prison, who had 41 complaints against him for his conduct in jail.

The Supreme Court on February 18 granted bail to James in the CBI case subject to the trial court's conditions and the Delhi High Court on March 4 gave him the relief in the ED case and said necessary bail riders be imposed on him.

British national James, however, on March 7 offered to "finish his sentence" and leave India instead of walking out on bail owing to "security risks".

James was extradited on December 4, 2018 from Dubai, where he spent four months in custody.

Probe agencies had reported irregularities in the purchase of 12 VVIP helicopters from Italian manufacturing company AgustaWestland.

He is among the three alleged middlemen being probed in the case and the other two being Guido Haschke and Carlo Gerosa.

The CBI, in its charge sheet, alleged an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.

The ED charge sheet filed against James in June 2016 alleged he received 30 million euros (about Rs 225 crore) from AgustaWestland.