The Supreme Court on Friday declined to hear the plea of Christian James, a British national and alleged middleman in the AgustaWestland VVIP helicopter scam, seeking release from jail, and instead referred the matter to another bench.
Background of the Case
James, who was extradited from Dubai in December 2018, has been in judicial custody since then in connection with the Rs 3,600-crore AgustaWestland deal for the purchase of 12 VVIP helicopters. The Delhi High Court had on April 8 dismissed his petition for release, observing that there was no merit in his plea. The high court noted that the investigation was at a crucial stage and that James's release could hamper the proceedings.
Supreme Court's Decision
A bench of Justices Surya Kant and N. Kotiswar Singh, while hearing the special leave petition filed by James against the high court order, said that the matter should be heard by an appropriate bench. The court did not specify a date for the next hearing but indicated that it would be listed soon.
Senior advocate Sidharth Luthra, appearing for James, argued that his client had been in custody for over seven years without a trial and that the high court had erred in rejecting his bail plea. He submitted that James was a 70-year-old man with health issues and that his continued detention was violative of his fundamental rights.
Prosecution's Stand
Additional Solicitor General Vikramjit Banerjee, representing the Enforcement Directorate, opposed the bail plea, stating that James was a key conspirator in the case and that there was a risk of him fleeing from justice if released. He also pointed out that James's passport had been seized and that he had no roots in India.
The AgustaWestland case pertains to the alleged payment of kickbacks to Indian officials to secure the deal for the supply of 12 AW-101 helicopters. The Central Bureau of Investigation and the Enforcement Directorate are jointly investigating the matter.
