AgustaWestland: SC dismisses plea by British national Christian Michel James
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 local address where he intended to stay after his 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.
During a brief hearing, a bench of Justices Vikram Nath and Sanjay Kumar said, "We granted you bail and you don't even want to fulfil a condition of providing a local address.”
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.
Responding to bench’s query, James’s lawyer said, “I have been lodged in Tihar Jail for the past six years and six months and do not have any local address.”
The counsel argued that James could not meet the requirement of providing a local address unless he was released from custody as he is a British national.
The bench, however, remarked that if James was able to coordinate legal proceedings, he must have some local contacts. “Then provide that address,” Justice Nath said.
James’s lawyer responded that he had an address in the United Kingdom. The bench then inquired who was giving instructions to the lawyers representing James. When the counsel replied that instructions were coming from James’s family, the bench dismissed the plea.
“You have a permanent address in Tihar Jail. You stay there. What else can be done?” the bench remarked.
The counsel maintained that a local address could only be furnished after James’s release, not beforehand. The bench questioned this reasoning, pointing out, “Why not? If the family can instruct the lawyers, they can handle this issue as well.”
On March 4, the Delhi High Court granted bail to Christian Michel James in the ED case, while the Supreme Court had earlier provided him relief in a related CBI case on February 18. The investigating agencies have accused James of involvement in alleged irregularities surrounding the purchase of 12 VVIP helicopters from the Italian firm AgustaWestland. Extradited from Dubai in December 2018, James was subsequently arrested by both the CBI and ED. He is one of three alleged middlemen under investigation in the case, alongside Guido Haschke and Carlo Gerosa.
India