Christian Michel, extradited in Augusta case, gets bail in ED case after 2018

Photo: PTI

The Delhi High Court has granted bail to British national Christian James Michel in the money laundering case connected to the AgustaWestland chopper deal. This decision means that Michel, who has been in custody since December 2018, can finally be released from jail.

Justice Swarana Kanta Sharma announced the verdict on Tuesday, allowing Michel to walk free. The Supreme Court had already given him bail in February 2024 in another case related to the same chopper deal, which was being investigated by the Central Bureau of Investigation (CBI).

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Who is Christian Michel?

Christian Michel is a British businessman who was allegedly involved in the AgustaWestland VVIP chopper scam. The deal was signed in 2010 between India and the Anglo-Italian company AgustaWestland to buy 12 helicopters for top government officials. However, later, investigations found that corruption and illegal payments (kickbacks) were involved in finalizing the deal.

The CBI claimed that in 2004, senior officials from the Prime Minister’s Office (PMO), Special Protection Group (SPG), Indian Air Force, and Ministry of Defence changed the helicopter's technical requirements. They reduced the service ceiling (height at which the helicopter can fly) from 6,000 meters to 4,500 meters, making AgustaWestland eligible for the contract. Due to this change, the Indian government suffered a loss of ₹2,666 crore in the ₹3,726.9 crore deal.

The contract was canceled in 2014, but the scam became a major controversy during the UPA government. Michel was accused of being the middleman who helped transfer bribes to Indian officials to secure the deal.

Why Was He in Jail?

Michel was first named in a CBI charge sheet in 2017. After that, the Enforcement Directorate (ED) started a separate investigation to track the money trail of the kickbacks. In 2018, Michel was arrested in the UAE and extradited to India on December 4. Since then, he has been in custody.

The Supreme Court’s View

On February 19, 2024, the Supreme Court granted bail to Michel in the CBI case. The court criticized the agency, saying, “This is the worst kind of incarceration. The CBI has not completed the trial despite filing two charge sheets. The documents relied upon have also not been provided to him.”

Michel then approached the Delhi High Court for bail in the money laundering case under the Enforcement Directorate (ED). His lawyer, Aljio K Joseph, argued that Michel had already spent six years in jail, while the maximum punishment for this offense is seven years. Also, the trial has not even started yet.

ED’s Argument Against Bail

The Enforcement Directorate (ED) opposed the bail request. Public prosecutor Zoheb Hossain and advocate Vivek Gurnani argued that Michel could be a flight risk since he is a foreign national with no family or roots in India. They also reminded the court that Michel’s previous bail pleas were rejected because he did not meet the conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).

According to this law, the court must be satisfied that:

1. The accused is not guilty of the crime.

2. The accused will not commit any offense while out on bail.

These conditions make it difficult for money laundering accused to secure bail. However, Michel’s lawyer argued that he was not extradited to India for money laundering charges. Also, he no longer has a valid passport, making it impossible for him to escape the country.

What Happens Next?

With this decision, Michel can now be released from jail. The high court’s ruling marks a major development in this long-running case. However, investigations into the AgustaWestland scam are still ongoing, and Michel may have to appear in court for future hearings.