New Delhi [India], May 4 : The Supreme Court on Monday issued notice to the Central government on a plea filed by British citizen Christian Michel James, accused in the AgustaWestland VVIP chopper scam, challenging his continued detention in the case.
A bench of Justices Vikram Nath and Sandeep Mehta has sought a response from the government and others in four weeks.
Michel sought his release from jail on grounds that he had already served the maximum sentence for the offences for which he was extradited.
He said that he has already undergone more than seven years of incarceration following his extradition from Dubai in 2018 in connection with the case.
He has challenged Article 17 of the India-UAE extradition treaty, which allows his prosecution for "connected offences" saying that under the 'Doctrine of Speciality' provided under Section 21 of the Extradition Act, an accused cannot be convicted for any offence other than that for which he was extradited.
Michel has contended that the application of this treaty has led to his continued detention, even though he has already served out the maximum sentence for the offences alleged against him in the extradition.
Charge against him under the Prevention of Corruption Act carries a maximum punishment of five years, and he has remained in jail for a period exceeding the maximum sentence for the alleged offence, said Michel.
Michel has challenged the Delhi High Court's April 8 order, which had rejected his plea for release from jail and upheld the relevant provision of the India-UAE extradition treaty.
Michel is the alleged middleman arrested in 2018 in a money laundering case connected to the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.
He was extradited in 2018 after India won the extradition case in Dubai.
He is accused of being a middleman for the alleged illegal transactions that took place in the AgustaWestland helicopter deal.
The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 Crore) to the exchequer in the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth Euro 556.262 million.
Later, ED filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from AgustaWestland.