AgustaWestland: Delhi HC Reserves Verdict On Christian Michel Bail Plea In ED Case

The Delhi High Court on Friday reserved its judgment on the bail application of Christian Michel James, an alleged intermediary in the Rs.3,600-crore AgustaWestland money laundering case.

Justice Swarana Kanta Sharma deferred the ruling after hearing extensive arguments from the Enforcement Directorate and the defense counsel representing James.

Case Insights

The case centers on purported irregularities in the procurement of 12 VVIP helicopters from the Italian defense manufacturer AgustaWestland.

The ED vigorously opposed James’s bail request, asserting that he failed to satisfy the “twin conditions” mandated under the Prevention of Money Laundering Act (PMLA) for the grant of bail. The agency further contended that James, a British national, presented a considerable flight risk.

Conversely, James’s legal representatives argued that he had already endured a protracted period of incarceration.

The defense underscored that despite the maximum statutory penalty under the PMLA being 7 years, James had remained in custody for over six years, a period they claimed warranted his release on bail.

James was extradited from Dubai in December 2018 and was subsequently arrested by both the Central Bureau of Investigation (CBI) and the ED. He is one of three alleged intermediaries implicated in the case, the others being Guido Haschke and Carlo Gerosa.

What Does The Chargesheet Say?

According to the CBI’s chargesheet, the controversial contract, signed on February 8, 2010, for the acquisition of VVIP helicopters valued at 556.262 million euros, resulted in a financial detriment of approximately 398.21 million euros (equivalent to Rs.2,666 crore) to the Indian government.

Additionally, the ED’s chargesheet, filed in June 2016, alleged that James personally received illicit payments amounting to 30 million euros (approximately Rs 225 crore) from AgustaWestland as part of the deal.

Significantly, on February 18, the Supreme Court had granted James bail in the CBI case. However, the High Court’s ruling on his bail plea in the ED case remains pending, awaiting judicial deliberation.

Read More: Supreme Court, Delhi High Court, States High Court, International