Christian Michel requests bail based on the results of the UN Working Group; a Delhi court requests a report from the CBI and the ED. (Agusta Westland Case)

The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) were today summoned by a Delhi court to respond to Christian Michel’s bail applications in the AgustaWestland cases (Christian Michel James vs CBI) (Christian Michel James vs ED).

The bail applications were scheduled for hearing before Special CBI Judge Arvind Kumar of the Rouse Avenue Court, who gave notice in the cases.

Michel said in his bail application that his arrest, expulsion, and custody are all unconstitutional and that he has already been acquitted by Italian courts on similar charges.

 

“No one shall be tried and fined for the same offence more than once, according to Article 20 (2) of the Constitution. “The present prosecution against the claimant is not maintainable in the eyes of the law on the basis of a combined reading of the United Nations Convention against Transnational Organized Crime and Article 20 (2) of the Constitution of India, which runs in sacrosanct,” the plea said.

Michel has also said that he brought his supposed unlawful imprisonment to the United Nations Human Rights Council Working Group on Arbitrary Detention, which concluded that his “deprivation of liberty” was in “contravention of articles 3, 9, 10, and 11 (1) of the Universal Declaration of Human Rights, as well as articles 9 (3), 10 (1), and 14 (1)–(2) and (3) (b)–(d) and (g) of the International Covenant on Civil and Political Rights.”

Michel has also spent more than 2 years and 4 months in an Indian prison, according to the study, and has been subjected to nearly 600 hours of custodial questioning by both investigative agencies.

 

Michel also stated that he would be willing to participate in the investigation and trial as required.

He has made no effort to sway witnesses, tamper with documentary evidence, or pollute or hinder the judicial process, and he will not do so in the future, it was said.

Christian Michel is accused of entering into as many as twelve contracts with AgustaWestland to legitimise the illegal commissions/kickbacks totalling 42.27 million Euros earned by the Indian government on the procurement of VVIP helicopters.

Michel was extradited to India from Dubai and appeared before the CBI Court on December 5, 2018, where he was sent to CBI custody. The CBI Court sentenced him to seven days of ED detention on December 22, 2018.

Christian Michel was formally sentenced to judicial custody on January 5, 2019, and has been detained in Tihar Jail since then.

 

Michel was represented by Aljo K Joseph, Sriram Parakkat, and Vishnu Shankar of the law firm Aljo K Joseph, Sriram Parakkat, and Vishnu Shankar of the law firm Aljo K Joseph, The Special Public Prosecutor is DP Singh, an attorney.

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