AgustaWestland case: Court orders Christian Michel's release from custody

 A Delhi court on Saturday ordered the release of Christian James Michel from custody in a money laundering case filed by the Enforcement Directorate (ED) related to the alleged AgustaWestland VVIP chopper scam. 

However, he will remain in jail as he is also an accused in a separate corruption case filed by the Central Bureau of Investigation (CBI) in the matter. 

Special CBI judge Sanjay Jindal, who was hearing the plea filed by Michel seeking release from custody in the case filed by ED, noted that he has been accused of the offence under the Prevention of Money Laundering Act that is punishable up to seven years of imprisonment and that he has already been in custody for the last seven years. 

"In view of the mandatory provisions of the second proviso to Section 436A CrPC, the said accused is entitled to be released accordingly and he cannot be detained in this case beyond December 21, 2025," the court said. 

The second proviso says that no such person shall, in any case, be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. 

Michel, accused of being a 'middleman' in the defence deal, was extradited from Dubai in December 2018, after which the CBI arrested him and filed a chargesheet against him. The Enforcement Directorate also arrested him and charged him in a related money laundering probe. 

Ordering his release, the court said on Saturday that he could be released if not required in any other case. 

"By virtue of second proviso to Section 436A of the Code of Criminal Procedure (maximum period for which an under trial prisoner can be detained) with all necessary implication as per law. He will be released from jail if not required in any other case," the court said. 

Michel has been accused in the two cases filed by the ED and the CBI in the alleged scam. He had filed applications in both cases seeking custodial release. 

In the other plea filed by Michel in the CBI case which was heard earlier in the morning, the court asked the agency to file a response. 

During the hearing, Michel gave a written submission that he would participate in the remaining trial even if he is released by the court. 

Michel's counsel said in court that the two investigative agencies have been probing the case for the last 12 years and his client has been in custody for the last seven years. 

He said that despite being granted bail in the case, Michel is not able to go home and called it a "mockery of justice." Speaking to mediapersons outside the court, Michel said that he is "enjoying" the hearing. 

The court listed the matter on December 22 for further hearing. 

The AgustaWestland case centres on alleged irregularities and kickbacks paid to former defence ministry officials to secure a contract for 12 VVIP helicopters from the British-Italian firm.