'Already undergone almost 4 years', SC issues notice to CBI on AgustaWestland middleman's bail plea

He is the alleged middleman in the Rs 3,600 crore AgustaWestland VVIP chopper scam

The Supreme Court on Wednesday sought a response from the CBI and the Enforcement Directorate on a bail plea filed by Christian Michel, the alleged middleman in the Rs 3,600 crore AgustaWestland VVIP chopper scam.

A three-judge bench presided over Justice D Y Chandrachud noted that Michel has already undergone close to four years in prison. "We will have to look at his plea from that perspective as well," the bench—also comprising Justices Surya Kant and P S Narasimha—said.

Michel's counsel contended that their client's case is covered under Section 436A of the CrPC (maximum period for which an under-trial prisoner can be detained).

Michel, a British citizen, was extradited to India on December 5, 2018 from the UAE. On his arrival in India, he was arrested by the CBI and days later, arrested by the financial probe agency, the ED. Since then, he has been lodged in judicial custody at Tihar Jail. Various courts have rejected the bail petition of Michel on a number of occasions.

On January 1, 2014, India cancelled the contract with Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and on charges of paying kickbacks amounting to Rs 423 crore.

Additional Solicitor General S V Raju, representing the ED, told SC that Michel has not been exonerated anywhere, and Section 436A is not applicable to offences, which are under investigation by the ED.

The Delhi High Court had earlier dismissed Michel's bail plea after the court deemed him a flight risk.

Michel's counsel contended that the investigation was not completed and pointed out that his client was also in custody in Dubai.

He also said that Michel's presence was required in Italy since charges have been framed against him there. Meanwhile, ASG Raju claimed that he was not even a party in that case.

SC issued notice to the CBI and ED and put the matter for consideration in the second week of July.