The Delhi High Court on Monday sought responses from the Centre, the Central Bureau of Investigation (CBI), and the Enforcement Directorate (ED) on a plea filed by alleged middleman Christian Michel James.
In his petition, Michel has questioned Article 17 of the 1999 treaty, which allows a requesting country, India in this case, to prosecute an extradited individual not only for the offence for which extradition was sought but also for related offences.
In addition, Michel has challenged a trial court order dated August 7, which had rejected his plea under Section 436A of the Code of Criminal Procedure (CrPC) seeking his release from jail.
Delhi High Court Seeks Government Response On Christian Michel’s Extradition Challenge
Michel’s lawyer, representing him in the case, argued that an extradited individual should be prosecuted only for the specific crimes cited in the extradition request, and not for any connected offences.
Summary
The Delhi High Court on Monday sought responses from the Centre, the Central Bureau of Investigation (CBI), and the Enforcement Directorate (ED) on a plea filed by alleged middleman Christian Michel James. Michel, an accused in the Rs 3,600-crore AgustaWestland VVIP helicopter scam, has challenged a provision of the India-UAE extradition treaty.
A bench comprising Justices Vivek Chaudhary and Manoj Jain directed the Ministry of Home Affairs, the Ministry of External Affairs, the CBI, and the ED to submit their objections on the maintainability of Michel’s petition. The matter has been scheduled for the next hearing on April 9, 2026.
In his petition, Michel has questioned Article 17 of the 1999 treaty, which allows a requesting country, India in this case, to prosecute an extradited individual not only for the offence for which extradition was sought but also for related offences.
Michel’s lawyer, representing him in the case, argued that an extradited individual should be prosecuted only for the specific crimes cited in the extradition request, and not for any connected offences. Michel was extradited from Dubai in December 2018 under this treaty and was subsequently taken into custody by the CBI and ED.
In addition, Michel has challenged a trial court order dated August 7, which had rejected his plea under Section 436A of the Code of Criminal Procedure (CrPC) seeking his release from jail. His lawyer noted that Michel will complete seven years of incarceration on December 4, 2025, without having been released even once.
“The investigation into the case has been ongoing for the past 13 years and is still not complete,” Michel’s lawyer stated. He added that Michel has already served the maximum seven-year sentence for the offences for which he was extradited, making his continued detention in India illegal.
Michel is one of three alleged middlemen under investigation in the case, along with Guido Haschke and Carlo Gerosa.
The CBI’s chargesheet claims that the exchequer suffered an estimated loss of €398.21 million (around Rs 2,666 crore) due to a deal signed on February 8, 2010, for the supply of VVIP helicopters worth €556.262 million. The ED, in its June 2016 chargesheet against Michel, alleged that he received €30 million (about Rs 225 crore) from AgustaWestland.
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With PTI inputs
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