News Analysis India

Tag: Christian Michel

  • AgustaWestland chopper case: Christian Michel tried to pass confidential papers to counsel, ED to SC

    By ANI

    NEW DELHI: The Enforcement Directorate (ED) on Tuesday informed the Apex Court that British citizen Christian Michel, accused in the AgustaWestland VVIP chopper scam, has tried to pass confidential papers to his counsel at the time of legal access.

    The ED filed an affidavit in the top court opposing Michel’s bail plea in the case.

    “It is submitted that during the course of Michel’s custodial interrogation, the accused has tried to pass confidential papers to his counsel at the time of legal access,” said the ED.

    It said that further investigation in the present case is still ongoing and many crucial documents are required to be collected across jurisdictions for the purpose of the investigation therefore it is strongly apprehended that he might try to tamper with the witnesses or evidence and obstruct the judicial process.

    “Christian Michel James during his custodial interrogation undertook to provide the bank statements of his companies and the agreements and other relevant documents. He was also interrogated in Tihar Jail, New Delhi after taking permission from the Trial Court and during that time he also undertook to provide the said documents through the assistance of his lawyers, however, no information has been provided till date,” the affidavit added.

    “Michel is a key accused in the instant case and is accused of having played a pivotal role in the entire case, being a middleman engaged by M/s Augusta Westland for obtaining confidential information regarding the procurement process of VVIP helicopters by the government of India and was admittedly paid Euro 42 million for influencing the contract in its favour under the guise of five contracts (two of them revised time and again) through two of his firms namely M/s Global Trade & Commerce Ltd. London and M/s Global Services FZE, Dubai, UAE with M/s Finmeccanica, M/s Agusta Westland, M/s Westland Helicopters UK etc. to legitimize the illicit commission/kickbacks on the procurement of VVIP Helicopters by Ministry of Defense, India which constitutes a grave economic offence,” ED added in its affidavit.

    The investigating agency told the bench that the role of Michel is clearly established and the offence of money laundering is squarely made out against him.

    Earlier, the apex court had issued notices to the Central Bureau of Investigation (CBI) and ED on the bail petitions of Michel in connection with the AgustaWestland VVIP chopper scam being probed by the agencies.

    Advocate appearing for Michel had contended before the top court that the investigations are still not completed and he has undergone three years and six months as of now and before extradition, he was in Dubai custody.

    Michel had challenged in the apex court the March 11 order of the Delhi High Court which had refused to grant him bail.

    In the High Court, ED and CBI had opposed the bail petition filed by Michel in connection with the VVIP chopper case.

    CBI had said that he has a flight risk and it fears that because of the way the British government is helping him, he might flee and will never return.

    Michel had contended before the High Court that all the other accused in the case got bail in 60 days and he is the only one who hasn’t been given the bail and is suffering incarnation.

    READ HERE | AgustaWestland case: SG is Sushen Gupta not Sonia Gandhi, clarifies ED

    According to the bail petition, Michel said that as a bail condition he will be available to join the investigation and trial as and when required and has never sought to evade the process of law.

    Earlier, the trial court had rejected his bail plea and had shown its displeasure with the British High Commission for sending a letter addressed to it stating that the medical condition of Michel and his pre-trial detention of two and half years may be taken into account when his bail application is considered.

    Christian Michel James was extradited in 2018 after India won the extradition case in Dubai. Christian Michel, the alleged middleman in the deal, was deported from the UAE and is currently in judicial custody.

    The Dubai-based businessman Rajeev Saxena was extradited to India on January 31, 2019, in connection with the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.

    NEW DELHI: The Enforcement Directorate (ED) on Tuesday informed the Apex Court that British citizen Christian Michel, accused in the AgustaWestland VVIP chopper scam, has tried to pass confidential papers to his counsel at the time of legal access.

    The ED filed an affidavit in the top court opposing Michel’s bail plea in the case.

    “It is submitted that during the course of Michel’s custodial interrogation, the accused has tried to pass confidential papers to his counsel at the time of legal access,” said the ED.

    It said that further investigation in the present case is still ongoing and many crucial documents are required to be collected across jurisdictions for the purpose of the investigation therefore it is strongly apprehended that he might try to tamper with the witnesses or evidence and obstruct the judicial process.

    “Christian Michel James during his custodial interrogation undertook to provide the bank statements of his companies and the agreements and other relevant documents. He was also interrogated in Tihar Jail, New Delhi after taking permission from the Trial Court and during that time he also undertook to provide the said documents through the assistance of his lawyers, however, no information has been provided till date,” the affidavit added.

    “Michel is a key accused in the instant case and is accused of having played a pivotal role in the entire case, being a middleman engaged by M/s Augusta Westland for obtaining confidential information regarding the procurement process of VVIP helicopters by the government of India and was admittedly paid Euro 42 million for influencing the contract in its favour under the guise of five contracts (two of them revised time and again) through two of his firms namely M/s Global Trade & Commerce Ltd. London and M/s Global Services FZE, Dubai, UAE with M/s Finmeccanica, M/s Agusta Westland, M/s Westland Helicopters UK etc. to legitimize the illicit commission/kickbacks on the procurement of VVIP Helicopters by Ministry of Defense, India which constitutes a grave economic offence,” ED added in its affidavit.

    The investigating agency told the bench that the role of Michel is clearly established and the offence of money laundering is squarely made out against him.

    Earlier, the apex court had issued notices to the Central Bureau of Investigation (CBI) and ED on the bail petitions of Michel in connection with the AgustaWestland VVIP chopper scam being probed by the agencies.

    Advocate appearing for Michel had contended before the top court that the investigations are still not completed and he has undergone three years and six months as of now and before extradition, he was in Dubai custody.

    Michel had challenged in the apex court the March 11 order of the Delhi High Court which had refused to grant him bail.

    In the High Court, ED and CBI had opposed the bail petition filed by Michel in connection with the VVIP chopper case.

    CBI had said that he has a flight risk and it fears that because of the way the British government is helping him, he might flee and will never return.

    Michel had contended before the High Court that all the other accused in the case got bail in 60 days and he is the only one who hasn’t been given the bail and is suffering incarnation.

    READ HERE | AgustaWestland case: SG is Sushen Gupta not Sonia Gandhi, clarifies ED

    According to the bail petition, Michel said that as a bail condition he will be available to join the investigation and trial as and when required and has never sought to evade the process of law.

    Earlier, the trial court had rejected his bail plea and had shown its displeasure with the British High Commission for sending a letter addressed to it stating that the medical condition of Michel and his pre-trial detention of two and half years may be taken into account when his bail application is considered.

    Christian Michel James was extradited in 2018 after India won the extradition case in Dubai. Christian Michel, the alleged middleman in the deal, was deported from the UAE and is currently in judicial custody.

    The Dubai-based businessman Rajeev Saxena was extradited to India on January 31, 2019, in connection with the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.

  • AgustaWestland: Court dismisses middleman Christian Michel’s bail pleas

    By PTI
    NEW DELHI: A Delhi Court on Friday dismissed the bail pleas of alleged middleman Christian Michel in connection with alleged AgustaWestland scam related corruption case filed by the CBI, and the money laundering case by the Enforcement Directorate.

    The judge also took strong note of the British High Commission directly communicating to the court about Michel without moving an application saying it was not permissible.

    Special CBI Judge Arvind Kumar refused to grant relief to the British national, who was extradited from Dubai in 2018, noting that the stage was not fit to grant him bail.

    “Considering the overall facts and circumstances, serious nature of accusations, gravity of offence and aforesaid conduct of the accused, I do not consider it to be a fit case for grant of bail.

    Application for bail filed by accused is, thus, dismissed,” the judge said.

    In its 17-page order, the court further said, “Before parting with the matter it needs to be mentioned that British High Commission has sent a letter addressed to this Court stating therein that medical condition of accused Christian Michel James and his pre-trial detention of two and half years may be taken into account when his bail application is considered.

    ” “Vide order dated May 13, 2021 it was made clear that such direct communication to court from third party is not permissible and if anyone has any grievance or wants to participate in the court proceedings, he may move appropriate application and same shall be considered as per law,” the judge said.

    In his bail applications both the CBI and ED cases, the accused had said he was not required for the purpose of investigation, and expressed willingness to cooperate with the probe.

    The applications said that the accused never sought to evade the process of law, and that no purpose will be served by keeping him in further custody.

    They said Michel made no attempt to suborn witnesses, tamper with documentary evidence, or in any other manner to obstruct the judicial process.

    The Rs 3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland.

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  • VVIP chopper scam case: Christian Michel’s family pleads for UK government intervention

    By PTI
    LONDON: The family of Christian Michel, based in the UK and France, on Thursday expressed concern for his well-being amid the ongoing COVID-19 pandemic in India and urged the British government to intervene on behalf of the VVIP chopper scam accused being held in Tihar Jail in New Delhi.

    Alaric and Alois Michel, the sons of the British middleman who was extradited to India from the UAE over a controversial helicopter deal, said they were increasingly concerned for their father’s well-being amid the ongoing COVID-19 pandemic in the country’s prisons and his medical condition involving kidney stones.

    “It has been extremely hard on us, especially our 17-year-old sister. We are concerned for our father’s well-being given the COVID-19 pandemic and his medical condition,” 26-year-old Alaric said during an online press conference organised by Guernica 37 International Justice Chambers in London.

    “India is somewhere our father considered home for many years,” added 24-year-old Alois.

    The Indian government maintains that all procedures were followed in the extradition case.

    Michel’s legal team, however, alleges that he was handed over to the Indian authorities as a “quid pro quo” for the return of Princess Latifa — the daughter of Dubai’s ruler Sheikh Mohammed bin Rashid Al-Maktoum.

    On February 26, the United Nations Working Group on Arbitrary Detention expressed concerns and delivered an opinion that the process by which Christian Michel was extradited to India did not follow due process, thereby amounting to an unlawful rendition, which his lawyers say “represents a flagrant attempt to disregard international protocols that relate to extradition”.

    “Thus, the UN WGAD ruled that he is being arbitrarily detained contrary to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, ordering his immediate release,” they noted.

    India had rejected the opinion of the Working Group on Arbitrary Detention, saying the conclusions drawn by the UN panel are based on limited information, biased allegations and an inaccurate understanding of its criminal justice system.

    India also made it clear that the Working Group is not a judicial body, and therefore, its opinions are not legally binding on the member states.

    On February 26, the Ministry of External Affairs said the Indian government provided timely information on this issue to the Working Group in June 2020, at their request.

    “We regret that the conclusions drawn by the Working Group are based on limited information, biased allegations from an unidentified source and on an inaccurate understanding of India’s criminal justice system,” a MEA spokesman said.

    The extradition was done entirely in accordance with the provisions of the extradition treaty signed between two sovereign states, the spokesman said, adding that the arrest and subsequent custody were done as per the due process of law and cannot be considered arbitrary on any grounds.

    “At no time was the accused denied his rights to legal counsel or a fair hearing.

    The fact that he has been able to approach Courts on multiple occasions including the higher judiciary is itself proof of this.

    There have also been no restrictions on consular access by the authorities.

    He has been treated at par as other detainees and provided all facilities by the prison authorities as per rules,” the MEA Spokesperson said.

    India, as a responsible member of the Human Rights Council, will continue to cooperate with the Working Group and provide it with the necessary information to the extent possible under Indian laws, to promote and protect human rights of all, the spokesperson said.

    During a direct appeal to British Prime Minister Boris Johnson on Thursday, Michel’s sons and lawyers called upon the UK government to follow up with India on honouring the UN Working Group direction.

    “It is for India to decide whether it wishes to stand on the side of democratic countries that honour their UN commitment or not,” said Toby Cadman of Guernica 37.

    In January, Michel wrote a 35-page letter to Johnson, Foreign Secretary Dominic Raab and Home Secretary Priti Patel, calling on the UK Foreign, Commonwealth and Development Office (FCDO) to intervene in his case, explaining how his extradition was motivated by “political reasons”.

    His legal team has called on the FCDO to take immediate steps to intervene and urged both the government of India and the UAE to implement the UN recommendations.

    “His life is indeed in peril and the grave violations of his human rights are indeed an affront to the very essence of human dignity,” his lawyers say.

    Meanwhile, Michel has been refused bail several times and his case is currently going through a Central Bureau of Investigation (CBI) court.

    France-based human rights lawyer François Zimeray said that as Michel was a European Union (EU) citizen at the time of his arrest, his team would look at raising the case with the European Commission which could prove a “stone in bilateral relations” between India and the EU.

    Michel was working in the UAE as a consultant for a subsidiary of the Anglo-Italian firm AgustaWestland, itself a subsidiary of aerospace and defence group Finmeccanica.

    He was accused of arranging kickbacks to Indian officials to secure a deal for the company to supply New Delhi with 12 helicopters in 2010.

    He has been in jail ever since he was brought on a special plane from Dubai after UAE authorities handed him over to the Indian government in December 2018.

  • VVIP Chopper scam: Delhi court seeks response from CBI, ED on Christian Michel’s bail applications

    By PTI
    NEW DELHI: A Delhi Court on Thursday sought response of CBI and Enforcement Directorate on the two bail applications of alleged middleman Christian Michel who was arrested in connection with the AgustaWestland VVIP chopper scam cases.

    Special CBI Judge Arvind Kumar issued notice to the probe agencies and sought their response by May 6, when the court will hear the cases.

    Michel, accused in a case of corruption filed by the CBI in relation to the scam and another case of money laundering filed by the ED, has moved the bail applications, saying that no purpose was being served by keeping him in custody.

    “The applicant has undergone almost 600 hours of custodial interrogation by both the agencies. As of today, the applicant has spent more than 2 year and 4 months in addition to the period which he spent in Dubai jail,” he submitted in the applications.

    Special public prosecutor N K Matta and advocate D P Singh received the notice for the ED and the CBI respectively.

    Michel, extradited from Dubai, was arrested by the ED on December 2018.

    Michel is among the three alleged middlemen being probed in the case by the ED and the CBI.

    The other two are Guido Haschke and Carlo Gerosa.

    On January 1, 2014, India scrapped the contract with Italy-based Finmeccanica’s British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and charges of paying kickbacks to the tune of Rs 423 crore by it for securing the deal.

  • UN panel’s conclusions on Christian Michel based on limited information, biased allegations: MEA

    By PTI
    NEW DELHI: Rejecting the opinion of the Working Group on Arbitrary Detention calling for immediate release of AgustaWestland VVIP chopper deal case accused British national Christian Michel, India on Friday said the conclusions drawn by the UN panel are based on limited information, biased allegations and an inaccurate understanding of its criminal justice system.

    India also made it clear that the Working Group is not a judicial body, and therefore, its opinions are not legally binding on the member states.

    AFP on Thursday reported that the United Nations Working Group on Arbitrary Detention (WGAD) found that Michel, who has been held in India since December 2018 after being extradited from the United Arab Emirates, was being “detained arbitrarily”.

    Responding to queries over the report, Ministry of External Affairs Spokesperson Anurag Srivastava said, “We have seen selective leaks of the opinion of the Working Group on Arbitrary Detention concerning the case of Mr.

    Christian James Michel, even before its official release.”

    “At the outset we would like to make it clear that the Working Group is not a judicial body, and therefore, its opinions are not legally binding on the Member States,” he said.

    Srivastava said the Indian government provided timely information on this issue to the Working Group in June 2020, at their request.

    “We regret that the conclusions drawn by the Working Group are based on limited information, biased allegations from an unidentified source and on an inaccurate understanding of India’s criminal justice system,” he asserted.

    The extradition was done entirely in accordance with the provisions of the extradition treaty signed between two sovereign states, Srivastava said, adding that the arrest and subsequent custody were done as per the due process of law and cannot be considered arbitrary on any grounds.

    “At no time was the accused denied his rights to legal counsel or a fair hearing. The fact that he has been able to approach courts on multiple occasions including the higher judiciary is itself proof of this,” the MEA Spokesperson said.

    There have also been no restrictions on consular access by the authorities, he asserted.

    Michel has been treated on par with other detainees and provided all facilities by the prison authorities as per rules, Srivastava said.

    The Working Group should be aware that India has a robust grievance redressal mechanisms against allegations of violations of human rights in a vibrant and independent judiciary and a ‘category A’ National Human Rights Commission compliant with the Paris Principles, he said.

    Srivastava said the allegations which form the basis of the opinion rendered by the Working Group are contrary to facts.

    “The Government of India therefore, rejects the opinion rendered by the Working Group,” he said.

    India, as a responsible member of the Human Rights Council, will continue to cooperate with the Working Group and provide it with the necessary information to the extent possible under Indian laws, to promote and protect human rights of all, the MEA spokesperson said.

    Michel is an accused in the VVIP chopper scam and has been in jail ever since he was brought on a special plane from Dubai after UAE authorities handed him over to the Indian government in December 2018.