Can regular bail be granted to Christian James Michel, an accused in the multicrore VVIP chopper scam case, on the grounds that he has spent nearly half of his probable sentence in jail? This is the big question before the Delhi High Court which is hearing Michel's bail application, being stoutly contested both by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) which are arguing that Michel cannot be granted bail because he does not fit the criteria of ''regular bail''.
Michel is an accused in the multicrore scam being probed by the CBI and ED for his alleged role as a middleman who organised bribes for Indian politicians and bureaucrats to push for the AgustaWestland deal involving 12 luxury choppers during the UPA regime.
Michel has been in custody for more than three years and his counsel has argued that the maximum sentence for the offence was only five years under the Prevention of Corruption Act and he has already spent nearly three years in jail. Michel was extradited from UAE after a rigorous process in December 2018. He is currently lodged in a high security ward in Tihar jail and his passport has been retained by Indian authorities. Michel, in his bail plea, has argued that the case was registered on March 12, 2013 and after several years of investigation there is no proof of payment given by him to any of the government officials for doing any corrupt practices. He also argued that he will not be able to put up a proper defence to any of the charges being in custody since the documents are in different countries- Italy, Dubai and India. A number of arguments like these have been made by Michel's counsel, Aljo Joseph who has also taken the UN route to impress upon the court that not only is the case nine years old but the fact that Michel is a foreigner, any discrimination on grounds of nationality should not be made to reject his bail plea.
More than 200 witnesses have been examined so far and several thousand pages of documents have been examined in the case by the twin investigating agencies. But neither the CBI nor the ED agree that Michel's case is a regular matter to apply the same treatment meted out to undertrials who have been given bail after they spent more than half of their probable sentence behind bars. Sources said Michel's plea is misconceived as he wrongfully claims that the maximum punishment in his case is five years. According to the investigating agencies, Michel is accused of conspiracy for grave economic offences which entail a punishment up to seven years. He is also accused of conspiring to commit other connected offences, the punishment for which can be up to life imprisonment, since these actions led to the VVIP contract being given to AgustaWestland. If granted bail, Michel may evade the law, use his influence and could be a flight risk, argued the CBI officials.
But a desperate Michel is knocking on all doors, including the British High Commission which recently wrote to the external affairs ministry saying that the British government is always mindful of legal obligations to respect laws and regulations of foreign jurisdictions and not interfere in internal affairs.
Will diplomatic pressures yield any result or will Michel be successful in finding legal reprieve soon remains to be seen. For now, Michel may have to spend some more time in jail before the court takes a final view on his bail petition filed in court last year.
