AgustaWestland case: Not safe for me to leave Delhi, Michel tells court

Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper deal case, told a Delhi court on Wednesday that stepping outside the capital could land him in further legal trouble. Michel, currently lodged in Tihar Jail, made an emotional submission, claiming he no longer felt safe outside Delhi and was fearful of fresh charges being slapped against him.

"If I leave Delhi, there will be new charges. It’s not safe. I don't want to return here with more allegations," Michel told Special Judge Sanjay Jindal during a hearing on his plea seeking release. He argued that he had already spent the maximum sentence period of seven years for the alleged offences, and therefore should be released.

Michel was granted bail by the Supreme Court in the CBI case on February 18, and by the Delhi High Court in the Enforcement Directorate (ED) case on March 4. However, he has not yet been released as he awaits the renewal of his passport and has not submitted the bail bonds.

On March 7, in a separate court, Michel had expressed a willingness to complete his sentence and leave the country, citing serious security concerns. He reiterated in court on Wednesday that no action had been taken against an individual who had allegedly tried to harm him in custody.

He further told the judge that his mental health and personal life had deteriorated during the prolonged incarceration. “Three years ago, I was a different person. I had a family, a business. Now I feel like I’m not even human,” he said.

Michel also questioned why he was not permitted to attend hearings via video-conferencing, when others were allowed to do so. “Why can’t I be given the same option?” he asked.

During the hearing, the court explained that bail and release were different legal concepts. “Bail is also a form of temporary release. The trial will go on,” the judge clarified.

Michel’s counsel informed the court that his client had nowhere to stay if released, as he lacked any form of valid identification. The lawyer suggested that the British High Commission should step in and provide temporary accommodation. “He cannot stay in a hotel or rented flat without an ID,” the counsel argued. The court scheduled the next hearing for September 10.

Meanwhile, the ED, in a reply filed on Tuesday, opposed Michel’s plea for release under Section 436A of the Code of Criminal Procedure (CrPC). The agency described the argument as "misleading and devoid of any merits," countering Michel’s claim that he had served the maximum sentence for which he had been extradited from the UAE.

Section 436A of the CrPC pertains to the maximum period an undertrial prisoner can be kept in custody without trial. Both the CBI and the ED had earlier objected to Michel’s plea under this provision, with submissions made on August 4. Michel was extradited from Dubai in December 2018 and arrested by both the CBI and ED in connection with the controversial deal.