AgustaWestland PMLA case: HC questions ED's dissent to Michel's bail plea

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The Delhi High Court on Monday questioned the Enforcement Directorate (ED) on its opposition to the bail plea of Christian Michel James,the alleged middleman and British Ctisen in the AgustaWestland VVIP chopper money laundering case.

The bench of Justice Swarna Kanta Sharma questioned the Enforcement Directorate after James' lawyer, Aljo K Joseph, mentioned the Supreme Court's bail ruling and stated that the Supreme Court granted James bail last week due to delays in the CBI's corruption trial.

After counsel representing ED asked for a later hearing, Justice Sharma set the matter for Tuesday.

On February 18, the Supreme Court granted bail to Christian Michel James, the alleged middleman in the AgustaWestland chopper scam, stating that "the trial may not be completed in the next 25 years at this pace." Michel was arrested and extradited on December 4, 2018, while the FIR was registered in 2013. The Rs3,600-crore scam involves the purchase of 12 VVIP helicopters from AgustaWestland.

On February 22, the trial court granted the Enforcement Directorate (ED) permission to separate the trials of the accused in the AgustaWestland chopper case. The ED sought to begin the trial against individuals who received summons and participated in the investigation separately from those who have not been served summons or have evaded investigation. Special Judge Sanjeev Aggarwal noted that separating the trials would be in the interest of justice and ensure a fair and speedy trial, as per Article 21 of the Constitution of India. Consequently, files of the accused persons who have yet to be served will be separated from those who have already been served or are currently facing inquiry before the court.

The case, investigated under the Prevention of Money Laundering Act, involves a total of 60 accused, 21 of whom have neither joined the investigation nor been served summons by the ED to date. The court observed that the first prosecution complaint was filed on November 24, 2014, while the latest, dated November 21, 2024, represents the 12th supplementary prosecution complaint, highlighting a decade-long gap.

Judge Aggarwal expressed concern over the significant time lapse and the uncertainty about when the trial will commence, which prejudices the rights of other accused persons awaiting a speedy inquiry/trial, a fundamental right under Article 21 of the Constitution. The ED stated that summons/warrants against 21 accused persons/entities could not be served despite best efforts, with extradition proceedings ongoing for 5 of these individuals. The continued absence of these 21 accused prevented charges from being framed against the other accused appearing before the court. Special Public Prosecutor Naveen Kumar Matta represented the ED in the matter.

The AgustaWestland VVIP chopper deal, during the Congress-led UPA Government and refers to a multimillion-dollar corruption case where money was allegedly paid to middlemen and Indian officials in 2006 and 2007 to purchase helicopters for high-level politicians. Following significant controversy and allegations of corruption, the Government of India ordered an investigation by the Central Bureau of Investigation (CBI) on February 12, 2013. Subsequently, the ED registered a case under the Prevention of Money Laundering Act (PMLA) in 2014.