New Delhi, Feb 29: A plea filed by Christian Michel seeking release from custody in the alleged AgustaWestland VVIP chopper scam has been rejected by a Delhi Court.
Michel, considered to be the middleman in the `3,600 crore scam, approached the court on the grounds that he had undergone the maximum period of detention in the case.
Delivering the decision on February 23, special CBI judge Sanjeev Aggarwal of Rouse Avenue Court dismissed the plea, deeming it without merit.
The court pointed out that the Central Bureau of Investigation (CBI) had invoked Section 467 (forgery) of the Indian Penal Code (IPC) against Michel, an offence carrying a sentence for life. Hence, the argument that he had served the maximum period of detention was deemed untenable.
The court emphasized, “Since Section 467 IPC has been invoked… this plea… is not tenable.” Additionally, it highlighted the lack of clarity regarding the provision of the Criminal Procedure Code (CrPC) under which the application for release from custody had been made.
Judge Aggarwal clarified that release could only be considered through bail proceedings as per Chapter XXXIII of the CrPC. However, Michel’s counsel argued that the application was not for bail but for release from custody.
The court, however, noted the absence of specific legal grounds for such a plea and emphasized its limited jurisdiction as a trial court, stating, “this court… is not a constitutional court clothed with powers of writ jurisdiction.” Hence, the application for release was deemed misconceived.
Christian Michel, a British citizen, stands accused of entering into contracts with AgustaWestland to facilitate illicit commissions/kickbacks related to the procurement of VVIP helicopters by the Indian government. Extradited to India in December 2018, Michel has been in custody since then.