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Informist, Wednesday, Apr. 8, 2026

 

NEW DELHI – The Delhi High Court Wednesday rejected a plea by Christian James Michel, one of three alleged middlemen being probed by the Central Bureau of Investigation in the AgustaWestland chopper kickback case, to be released from jail. The high court rejected Michel's challenge to Article 17 of the Indian UAE Extradition Treaty, which states that a person extradited can be tried only for the offence for which extradition was sought or "offences connected therewith".

 

Article 17 of the treaty permits the trial of the person extradited, even for offences connected with those for which extradition has been sought, the court said. The court rejected Michel's argument that his extradition was solely to face trial for offences under Sections 420 and 415 of the Indian Penal Code and Section 8 of the Prevention of Corruption Act. 

 

The extradition decree passed by the Dubai Court stated that the offences for which Michel was wanted were deceit and criminal conspiracy, punishable under the laws of both states, the court said. "It is evident from the extradition decree passed by the Dubai Court that the petitioner was extradited for facing trial for offences which are directly arising from the factual background in the present case, thereby indicating that the prosecution of the petitioner falls within the scope of Article 17 of the treaty," the court said.

 

The AgustaWestland chopper kickback case involved alleged payments to middlemen and Indian officials in 2006 and 2007 in connection with the purchase of helicopters for the government. The probe agency alleged an estimated loss of INR 26.66 billion to the exchequer from the deal. Michel was accused of creating a paper trail to route kickbacks in the deal.

 

Last year, the Supreme Court granted bail to Michel in both the Central Bureau of Investigation and the Enforcement Directorate's cases. However, the trial court had not released him because he had not complied with certain bail conditions. 

 

Thereafter, Michel sought the high court to release him, arguing that an extradited person can be prosecuted only for the offences for which the extradition took place and not for connected offences. Michel argued that, under the treaty's conditions, he cannot be tried for offences under Section 467 of the Indian Penal Code and the Prevention of Money Laundering Act, 2002, since these offences were not cited when he was extradited.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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