COVID-19: SC asks AgustaWestland scam accused Christian Michel to move Delhi HC for interim bail

Tribune News Service

New Delhi, April 1

The Supreme Court on Wednesday asked AgustaWestland scam case accused Christian Michel to move the Delhi high Court for interim bail.

Fifty-nine-year-old Christian Michel James -- an alleged middleman arrested in connection with the AgustaWestland VVIP chopper scam cases lodged by the CBI and ED – said there was a risk of his contracting the deadly Corona virus in jail.

Fearing COVID-19 infection in Tihar Jail, Christian Michel James had on March 26 moved the Delhi High Court seeking interim bail in cases registered against him by the CBI and Enforcement Directorate. He chose to approach the top court as his plea was not taken up for hearing immediately by the high court.

On Wednesday, a Bench led by Justice DY Chandrachud sent him back to the high court.

Extradited from Dubai, Michel was arrested by the ED on December 22, 2018, and he has been in judicial custody since January 5, 2019. The trial court denied him bail in both the matters. Now, his bail plea is pending before the high court where the CBI and the ED have contended that he should not be granted the relief as he has a nexus with influential people and can influence witnesses.

On January 5 last year, he was sent to judicial custody in the ED case. He is also lodged in judicial custody in another case registered by the CBI in connection with the scam. He is one of the three alleged middlemen being probed by the ED and the CBI. The other two are Guido Haschke and Carlo Gerosa.

He cited the Supreme Court's recent order directing all the states and union territories to constitute high-level committees to consider releasing on parole or interim bail prisoners and under-trials for offences attracting up to seven-year jail term to decongest jails in view of the pandemic.

The accused also mentioned the Prime Minister's March 24 announcement declaring a nationwide 21-day lockdown to prevent the spread of COVID-19.

Contending that his health condition was critical and incompatible with the current prison status, especially to cope with the risk of contracting the COVID-19 infection; he submitted that it could have a lethal effect on him as he was already suffering from serious pathologies.

“The agedness and a pre-existing ill state of health will make the applicant's (Michel) body more susceptible to the said infection than any other ordinary prisoner with a normal health condition," his petition read.

"Further, the presence within prisons of subjects who are tested positive for Covid19 pose a threat to the applicant considering his existing health condition and age,” the petition submitted.

Michel's health condition needed to be monitored and treated and he requires home-like environment where the risk of contagion is less and social distancing can be effectively practiced, it said.

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