The Supreme Court on Friday granted the Union government a final opportunity of three weeks to file its counter affidavit in the petition filed by alleged AgustaWestland middleman Christian Michel James, challenging his continued detention in connection with the alleged Rs 3,600-crore AgustaWestland VVIP helicopter procurement scam.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta granted the Centre a final opportunity after Additional Solicitor General SV Raju sought three weeks’ time to file the counter affidavit. The Bench made it clear that no further extension would be granted and listed the matter for further hearing on August 25, 2026.
Appearing for the Union Government, ASG Raju submitted that the matter involved examination of both factual and legal issues, including the interpretation of Articles 17 and 21 of the India-UAE Extradition Treaty, requiring the Union Government to place a detailed counter affidavit on record.
Michel, a British national extradited from Dubai to India in December 2018 pursuant to proceedings under the India-UAE Extradition Treaty, has challenged the Delhi High Court’s judgment dated April 8, 2026, rejecting his plea for release from judicial custody. He contended that his continued detention was unlawful as he had already undergone more than seven years of incarceration, exceeding the maximum sentence prescribed for the offences for which extradition was granted.
The petition also challenged the constitutional validity and interpretation of Article 17 of the India-UAE Extradition Treaty, which permitted prosecution for certain connected offences. Michel contended that the provision was contrary to the doctrine of speciality, a recognised principle of international extradition law incorporated under Section 21 of the Extradition Act, 1962.
According to him, an extradited person can be prosecuted, tried or punished only for the offences forming the basis of the extradition request unless the requested State expressly consents to prosecution for additional offences. He argues that the application of Article 17 has resulted in his continued detention even after he has allegedly undergone the maximum sentence for the extraditable offences.
Michel has further contended that the principal offence under the Prevention of Corruption Act relied upon in the extradition proceedings carries a maximum punishment of five years’ imprisonment, whereas he has already remained in custody for a period exceeding the statutory maximum sentence.
The Delhi High Court had rejected both contentions, holding that Article 17 of the India-UAE Extradition Treaty expressly permits prosecution for connected offences arising out of the same transaction. The High Court further held that Michel was not entitled to statutory bail under Section 436A of the Code of Criminal Procedure, 1973, now re-enacted as Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
It observed that one of the offences alleged against him is under Section 467 of the Indian Penal Code, relating to forgery of valuable security, which is punishable with imprisonment for life. Consequently, the statutory limitation on pre-trial detention was held to be inapplicable.
The proceedings arise out of investigations conducted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) into the alleged payment of illegal kickbacks in the 2010 AgustaWestland VVIP helicopter procurement deal. The CBI has alleged that the contract for the procurement of 12 VVIP helicopters from AgustaWestland, executed on February 8, 2010, for Euro 556.262 million, caused an estimated wrongful loss of approximately Euro 398.21 million, equivalent to about Rs 2,666 crore, to the public exchequer.
The ED, which is investigating the alleged laundering of proceeds of crime under the Prevention of Money Laundering Act (PMLA), 2002, has alleged that Michel received Euro 30 million (approximately Rs 225 crore) from AgustaWestland as alleged kickbacks for facilitating the deal.
Michel sought release from custody, contending that his prolonged detention violated both the statutory safeguards governing pre-trial incarceration and the limitations imposed by the India-UAE Extradition Treaty on the permissible scope of prosecution following extradition.
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