The Supreme Court declined to intervene in a Petition under Article 32 filed by British Arms Consultant Mr. Christian James Michel, seeking bail. The court cited its previous order rejecting his bail application under Section 436A CrPC, which addressed the doctrine of speciality raised by Michel in connection to the Augusta Westland Chopper Scam. Michel faces accusations of money laundering, collusion, fraud, misappropriation, and offering bribes related to the VIP Scam. The bench led by CJI DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, refused to entertain the petition, questioning the validity of filing a 32 petition in this case.
Advocate Aljo Joseph, representing Michel, relied on Section 21 of the Indian Extradition Act 1962, arguing that Michel couldn’t be charged with offenses beyond those mentioned in the extradition decree, invoking the doctrine of speciality.
The CJI pointed out that the same argument had been addressed in a previous order dated February 1, 2023, where the Court dismissed Michel’s plea for bail under Section 436A of CrPC but allowed him to apply for regular bail. The petition was dismissed with the bench stating the Court cannot delve endlessly into the matter.
The doctrine of Speciality, recognized in international law, restricts the extraditing country (India) from prosecuting or punishing the extradited person beyond the agreed terms and offenses between the extraditing and surrendering country (UAE, in this case).
The Court referenced Article 17 of the Extradition Treaty between India and UAE, emphasizing that the extradited person should only be prosecuted for offenses specified in the treaty or connected offenses. The extradition decree specified the offenses for which Michel was extradited, including misuse of occupation, money laundering, collusion, fraud, misappropriation, and offering illegal gratification.
After analyzing the offenses mentioned in the decree and interpreting Article 17 of the Treaty, the Court concluded that the provisions of Section 436A would not apply in this case, as Michel is alleged to have committed offenses under Section 467 IPC, punishable by life imprisonment.
Background:
Michel, termed a ‘Middleman’ in the WIP chopper scam, was arrested in December 2018 after extradition from Dubai. The CBI alleged a financial loss to the treasury of approximately Euro 398.21 million from a VVIP helicopter procurement contract. ED filed a chargesheet against Michel in June 2016, alleging he received EUR 30 million from AgustaWestland.
Michel filed an application seeking release on the grounds that he had served the maximum sentence of 5 years. However, the judge rejected the application, stating that invoking Section 467 IPC (mandating life imprisonment) by the CBI invalidated Michel’s argument.
Case Details :
CHRISTIAN JAMES MICHEL VS. CENTRAL BUREAU OF INVESTIGATION
W. P.(Crl.) No. 000140 – 2024
