The Delhi High Court on Wednesday rejected Christian Michel James's plea contesting Article 17 of the UAE-India Extradition Treaty. Michel is an accused in the AugustaWestland helicopter corruption and money laundering case.
A division bench comprising Justices Navin Chawla and Ravinder Dudeja dismissed the petition, stating, “We find no merit in the petition.” The detailed judgement is to be published by the court.
Michel argued that the investigating agency had violated Section 21 of the Extradition Act by applying Section 467 of the Indian Penal Code (IPC). He claimed that he had served the maximum sentence allowed during court proceedings and should therefore be released. Investigation agencies opposed the plea, asserting that Michel faces forgery charges punishable by life imprisonment.
The high court reserved its decision after hearing submissions from Additional Solicitor General DP Singh, standing counsel for the Central Government, as well as Satya Ranjan Swain and Advocate Aljo K Josheph, Michel’s counsel.
The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) opposed Michel’s petition challenging the treaty's applicability, describing it as a misuse of the legal process and an attempt to revisit issues already resolved by constitutional courts.
In its response, the CBI stated that Michel is repeatedly raising issues conclusively decided by the Delhi High Court and the Supreme Court. The agency maintained that Michel’s extradition from the United Arab Emirates complied strictly with legal procedures and occurred only after he exhausted all legal remedies in UAE courts. Referring to Dubai Supreme Court findings, the CBI noted that Michel was extradited on allegations including misuse of position, money laundering, collusion, fraud, misappropriation and illegal gratification, central to the prosecution in India.
Similarly, the ED contended that Michel’s writ petition should be dismissed as it seeks re-examination of settled matters, amounting to abuse of the High Court's extraordinary writ jurisdiction. The agency stated the UAE extradition decree records allegations of misuse of position, money laundering, fraud, collusion, misappropriation and illegal gratification, precluding application of the Doctrine of Speciality under Section 21 of the Extradition Act.
The ED emphasised that Article 17 of the India-UAE Extradition Treaty expressly permits prosecution not only for the extradition offence but also for connected offences. This includes prosecution under the Prevention of Money Laundering Act (PMLA), contrary to Michel’s claim that his trial breaches extradition safeguards.
Michel's counsel argued that orders for his release had been issued in both CBI and ED cases and that bail conditions in the CBI matter had been modified. However, they stated Michel continues to face difficulties remaining in India due to the absence of valid travel documents. The court was informed that the Foreigners Regional Registration Office had been directed to register Michel as a foreign national residing in India.
Michel asserted that although he had applied for passport renewal per court directions, it had not yet been issued. He argued that the main legal issue concerns the interpretation of Article 17 of the extradition treaty versus Section 21 of the Extradition Act, raising whether an international treaty can override domestic legislation. Claiming that his maximum sentence ended on December 4, Michel stated continued restrictions on him are unwarranted.
Michel challenged Article 17 of the India-UAE Extradition Treaty, signed in 1999, which permits the requesting state to prosecute an extradited person for offences beyond those originally covered by the extradition request, including connected offences. He was extradited from Dubai in December 2018 and subsequently arrested by the CBI and ED in connection with the AgustaWestland VVIP helicopter scam.
The CBI alleges the VVIP chopper deal caused a loss exceeding 398 million euros to the public exchequer. The ED claims Michel received approximately 30 million euros in kickbacks from AgustaWestland. Michel is one of three alleged middlemen in the case, alongside Guido Haschke and Carlo Gerosa.