The Delhi High Court on Tuesday granted bail to alleged middleman Christian Michel James in the ₹3,600-crore AgustaWestland money laundering case, citing an “exceptional situation” where the accused had been in custody for over six years and two months without the trial commencing.
Justice Swarana Kanta Sharma, while granting relief, emphasized that the prolonged incarceration of Michel without a foreseeable conclusion of trial violated his fundamental right to a speedy trial under Article 21 of the Constitution. The court ruled that this constitutional safeguard overrode the stringent bail conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).
With this bail in the Enforcement Directorate (ED) case, along with the Supreme Court granting him bail in a related CBI case on February 18, Michel is now set to walk free, subject to compliance with the bail conditions.
Key Highlights of the Bail Order
- Michel has been in judicial custody since December 2018 after being extradited from Dubai.
- The trial has not yet started due to an incomplete investigation.
- The court observed that Michel had spent almost the maximum sentence prescribed under PMLA (seven years), without being proven guilty.
- Over 100 witnesses and thousands of documents have been cited in the case, making a speedy trial unlikely.
- The bail was granted on a bond and surety of ₹5 lakh each, along with the surrender of his passport before the trial court.
The court directed the ED to ensure strict conditions are imposed on Michel before his release. The British national has also been ordered to fully cooperate with the ongoing investigation and trial proceedings.
The AgustaWestland Chopper Scam
The case involves alleged irregularities in the purchase of 12 VVIP helicopters from Italian firm AgustaWestland in a ₹3,600-crore deal signed in 2010. Michel, along with Guido Haschke and Carlo Gerosa, is accused of acting as a middleman in the deal.
The CBI’s chargesheet claims that the scam caused an estimated loss of €398.21 million (around ₹2,666 crore) to the exchequer. The ED’s chargesheet (filed in 2016) further alleged that Michel received €30 million (₹225 crore) from AgustaWestland.
Sources By Agencies