AgustaWestland: Christian Michel is a flight risk, has no roots in the society, says HC; denies bail to middleman

NEW DELHI: Denying interim bail to Christian Michel, an alleged middleman in the VVIP chopper scandal, the Delhi High Court has held that Michel is a “flight risk and also has no roots in the society”.
Michel had petitioned the Court seeking interim bail citing Covid-19 infection risk as a ground. Counsel for Michel contended that he has remained in custody for more than now 16 months and all the other accused have been granted bail.

Michel submitted that his passport is already in custody of the CBI and the petitioner is a British citizen. He further claimed that he has a low immunity level and is aged 59 years. Michel stated that the strength of the prisoners of Tihar Jail is 10000 whereas presently, around 17000 prisoners are lodged therein.


“Because of overcrowding and social distancing not being mentioned, petitioner is prone to catch Covid-19”, counsel for Michel stated.

Opposing his bail, counsel for Central Bureau of Investigation (CBI) submitted that Michel did not join investigation anywhere and after a long drawn extradition process, was extradited from Dubai.

CBI further said Michel has not been staying in United Kingdom for the last 6-7 years though he is a British National.

CBI further said that Michel is lodged in a Cell with only two other inmates and all facilities have been provided to him. “Hence, there being no over-congestion, the petitioner is not entitled to interim bail on this ground also. In any case, in Tihar Jail, each and every prisoner has been screened to check whether he is Covid 19 positive or not and no prisoner till date, has been found to be suffering from Covid 19”, CBI argued.

It was further contended that the prisoners now being arrested are also screened before being admitted in jail and are lodged separately so as to not mingle with the prisoners already lodged in jail.

On the other hand, counsel for Enforcement Directorate (ED) submitted contended that Michel is presently lodged at the safest place in the country being the Tihar Jail. “There is no threat of the petitioner coming on contact with any Covid-19 patient and thereby, his apprehension that due to his age, and being a British national, not accustomed to Indian conditions, his immunity is low, is totally unfounded”, ED’s counsel submitted.

Finding no merit in Michel’s bail plea, the High Court held that despite being a British national, petitioner has not been in that country for the last 6-7 years and had to be extradited from Dubai after an inquiry. On knowing about arrest in Italy, the petitioner fled to Dubai.

The order reads “As regards the apprehension of the petitioner being infected by Covid-19 pandemic, it may be noted that the petitioner is lodged in separate cell with only two other prisoners and thus, is not in a Barrack or dormitory where there are number of prisons. It is not the case of the petitioner that any of the two inmates residing with him are suffering from Covid-19 pandemic”.

It adds “hence, the apprehension of the petitioner also because of the vulnerable age and overcrowding in jail that he is likely to contact Covid-19 which may be detrimental to his health, is unfounded”.