AgustaWestland case: HC seeks ED’s reply on Michel’s plea to modify bail conditions

The Delhi High Court on Tuesday sought a response from the Enforcement Directorate (ED) regarding a plea by alleged middleman Christian Michel James, who has requested modifications to certain bail conditions in the Rs 3,600-crore .

Justice Swarana Kanta Sharma issued a notice to the ED on James’ petition, in which he sought a waiver of the requirement to furnish a surety of Rs 5 lakh. The matter has now been listed for hearing on April 22.

James, a British national, argued that the condition of providing an Indian surety should be waived since he had “no known relatives or deep-rooted connections” in India. His plea stated, “Given his lack of personal ties in the country, it is impossible for him to provide surety from India.”

Additionally, he requested the revocation of the condition requiring him to surrender his passport, citing that his old passport had expired and that obtaining a new one could take between four to eight weeks.

James was granted bail in the money laundering case on March 4, following a Supreme Court order on February 18 granting him bail in the related CBI case. The HC had called it an exceptional situation as James had spent over six years and two months in custody without the trial commencing due to an incomplete investigation.

The court added that continued incarceration without trial would infringe upon his fundamental right to a speedy trial under Article 21 of the Constitution.

Referring to Section 45 of the Prevention of Money Laundering Act (PMLA), which imposed stringent bail conditions, the judge stated that the provision could not be interpreted in a manner to confine the accused in judicial custody for an indefinite period of time.

“The present case is not one where the applicant’s custody is only marginally beyond the halfway mark. Instead, the applicant has been in custody for over six years and two months — which is alarmingly close to the maximum punishment — without even being adjudicated guilty,” the HC had observed.

James was extradited from Dubai in December 2018 and subsequently arrested by the CBI and ED. He is accused of being one of the three middlemen — alongside Guido Haschke and Carlo Gerosa — who allegedly facilitated bribes in the Rs 3,600-crore AgustaWestland helicopter deal.

The CBI chargesheet claimed that irregularities in the purchase of 12 VVIP helicopters from Italian manufacturer AgustaWestland led to a loss of 398.21 million euros (approximately Rs 2,666 crore) to the Indian exchequer.

The ED’s chargesheet, filed in June 2016, alleged that James received 30 million euros (approximately Rs 225 crore) as kickbacks from AgustaWestland.

Opposing James’ bail plea, the ED argued that he was a flight risk and had not met the twin tests for bail under the PMLA.