AgustaWestland case: SC dismisses British national Christian Michel’s plea over bail address requirement

The Supreme Court on Thursday dismissed a plea filed by British national Christian Michel James, who had challenged the Delhi High Court's order directing him to furnish details of the address where he intended to reside post-release on bail in the Rs 3,600-crore AgustaWestland money laundering case.

James, who is alleged to be a middleman in the case, had challenged the May 22 order of the high court which modified his bail conditions.

The plea came up for hearing before a bench of Justices Vikram Nath and Sanjay Kumar.


"We granted you bail and you don't even want to fulfil a condition of providing a local address," the bench told the counsel appearing for James.

The lawyer, appearing for the Enforcement Directorate (ED), said the high court's order was in favour of James.

"Then what is his problem?" the bench asked.

"Which is the condition which is hurting you?" the bench asked the lawyer appearing for James, who referred to certain paragraphs of the high court order.

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He said the high court has directed James to furnish the details of his residential address where he intends to reside post-release.

The counsel argued the high court has also said that before being released from jail, the said address will be verified by the trial court through the ED.

"I (James) have been inside Tihar Jail for last six years and six months. I don't have any local address," the counsel said, adding that James was a British national.

He said James cannot fulfil this condition unless he comes out of jail.

The bench observed if the petitioner could arrange to pursue his matter in courts, he must have some contacts.

"You give that address," Justice Nath said.

His counsel said James has an address in the United Kingdom.

The bench then asked who was giving instructions to lawyers appearing for James in the matter.

When his lawyer said that instructions were given by James' family, the bench observed, "Dismissed".

"You have a permanent address inside the Tihar jail. You stay there only. What to do," the bench said.

His counsel said that address could be provided post-release from jail and not pre-release.

"Why not?" the bench asked, adding if his family can give instructions to the lawyers, they can take up this issue also.

When the counsel said assistance has been extended by the British High Commission, the bench said then let the high commission take care of it.

"This is all an excuse," the bench said, while refusing to entertain the plea.

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Considering his prolonged incarceration, his status as a foreign national with no roots in India, and his inability to arrange for a local surety, the high court had modified the bail condition imposed earlier.

It had said instead of the requirement to furnish a personal bond and surety bond of Rs five lakh each, James shall now furnish a personal bond of Rs five lakh along with a cash surety in the enhanced sum of Rs 10 lakh.

Further, the high court had also modified the bail condition to surrender his passport, which had already expired, before the trial court to the extent that he might be released on bail without depositing his passport "immediately".

"However, the FRRO (Foreigners Regional Registration Office) shall ensure that the applicant does not leave the country, and the British High Commission (or the authority concerned issuing the applicant's passport) shall ensure that the applicant's fresh passport, whenever the same is ready, is not handed over to the applicant, but directly deposited with the trial court under intimation to this court," the high court had said.

On March 4, the high court had granted bail to James in the ED case while the Supreme Court had granted him reprieve in a related CBI case on February 18.

The probe agencies have alleged irregularities in the purchase of 12 VVIP helicopters from Italian manufacturing company AgustaWestland.

James was extradited from Dubai in December 2018 and was subsequently arrested by the CBI and the ED.

He is among the three alleged middlemen being probed in the case and the other two are Guido Haschke and Carlo Gerosa.

The CBI, in its chargesheet, claimed an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.

The ED chargesheet filed against James in June 2016 alleged he received 30 million euros (about Rs 225 crore) from AgustaWestland.