It has been more than a year since Christian James Michel, the alleged middleman in the AgustaWestland case, was put behind the bars.
The COVID-19 pandemic may now come to Michel's rescue as his lawyer Aljo K. Joseph has appealed to the Delhi High Court for his bail saying that the health of his 59-year-old client is incompatible with the prison status, and the risk of contracting the COVID-19 infection could have a lethal effect on him.
Speaking to THE WEEK, Aljo Joseph said all the accused persons in the case are on bail, except Michel.
According to Joseph, the UK citizen is already suffering from serious pathologies. The lawyer has also touched upon a grave issue in his bail application. He has said that there is an urgent need for prisons to combat the emergency caused by the virus-- the issue of overcrowding of prisons being detrimental to the health of inmates is being cited as a concern.
However, government sources dismissed these claims and said Michel is in Tihar, with another inmate and as all facilities are being provided, he is safe. The jail is also doing regular medical check-up of inmates.
But Michel’s lawyer has approached the high court given the direction passed by the Supreme Court to consider the release of prisoners whose sentence is less than seven years. The order was passed because of the present situation in a suo moto writ petition on March 23.
Aljo Joseph said that Michel has a previous history of pathologies and his health is already compromised.
“Coronavirus mainly affects the lower respiratory tract and causes several symptoms described as flu-like, including fever, cough, shortness of breath, muscle pain and tiredness; in severe cases, pneumonia, acute respiratory distress syndrome, sepsis and septic shock can occur, up to the death of the patient,” said Joseph. According to him, Michel falls within the threshold of “most affected by the coronavirus with the consequent high risk of death.”
Michel’s lawyers have invoked the provisions under the law dealing with emergencies where interim bail can be given by the court to obtain a partial reduction of the prison population adding that Michel’s bail can be subject to the control of assumptions by the Supervisory Judiciary.
The lawyer said, “Michel can be constantly monitored and treated and needs to live in an environment in which it can be continuously monitored, such as the home, especially in an environment where the risk of infection with Coronavirus is as low as possible, ensuring that he lives in spaces that are not overcrowded (such as those in prison) and with the presence of only the people who live there.”
The bail application says that “balancing the interest of the condemned to be adequately cared for and the security needs of the community " is the need of the hour.
In March 2013, the CBI had registered a case against Shashinder Pal Tyagi, the Chief of Air Staff (CAS) and 18 other accused persons and companies where it was alleged that the accused entered into a criminal conspiracy with the other accused persons and in 2005 by abusing official position, by corrupt and illegal means, Tyagi had allegedly conceded to change IAF’s consistent stand relating to a service ceiling of VVIP helicopters from 6000 meters to 4500 meters. Such change in the Operation Requirements made M/s AgustaWestland International Ltd, UK eligible to participate in the bid for VVIP helicopters, said the CBI. It is alleged that the accused Christian Michel James was a frequent visitor to India but ever since his role in the deal became public, he escaped from India before the registration of the case and never returned.
