The Delhi High Court on Monday showed reluctance to entertain a plea filed by Christian Michel James, the alleged middleman in the AgustaWestland VVIP helicopter scam case, challenging a specific provision of the India-UAE extradition treaty. Following the court's indication, James opted to withdraw his petition.
Court Grants Liberty to File Fresh Petition
While permitting the withdrawal of the plea, the bench comprising Justices Vivek Chaudhary and Manoj Jain granted James the liberty to file a fresh petition with amended prayers. The court orally remarked that the existing petition lacked a specific cause of action and needed to ask for concrete relief.
Justice Chaudhary was quoted stating, "There has to be a cause of action… we're not here to solve your problems… Once it has not yet been passed by Parliament, it is not to be followed, it's not even a law at this point." The judge further emphasized that a proposed bill cannot be declared ultra vires or unconstitutional.
Michel's Legal Argument and Detention
In his plea, Christian Michel James sought a declaration from the court that his continued detention in judicial custody was illegal. He argued that he had already completed the maximum possible punishment for the offences he is accused of, even though the trial is still pending.
James had previously invoked Article 19 of the India-UAE extradition treaty, notified in July 2000, before a Delhi trial court. This article stipulates that the term of provisional remand should be deducted from any sentence passed in the requesting state against the extradited person.
His latest petition also challenged the constitutional validity of the treaty's application. He contended that Article 17 of the treaty, which prohibits the trial of an extradited person for offences other than those for which they were extradited, must be interpreted in conjunction with Section 21 of India's Extradition Act.
Background of the AgustaWestland Case
Christian Michel James was extradited from Dubai in December 2018 and was immediately arrested by the Central Bureau of Investigation (CBI) upon his arrival in India. Subsequently, the Enforcement Directorate (ED) also arrested him.
He stands accused of acting as a middleman in India's defence deal with UK-based AgustaWestland. The allegations claim he facilitated the payment of large bribes to Indian Air Force officers, Defence Ministry officials, bureaucrats, and politicians through the firm.
The CBI alleges that undue favour was granted to AgustaWestland in exchange for illegal gratification. The ED has separately booked James on charges of money laundering.
Despite being granted bail in both the CBI and ED cases, James has refused to furnish bail bonds, citing "security reasons." He has remained imprisoned in Delhi's Tihar Jail since his extradition in 2018. Adding to his complications, his passport has now expired.
