Dubai court order favours extradition of Michel in chopper bribery case


New Delhi, Sep 20 (IANS): A United Arab Emirates (UAE) court has favoured extradition of British national, Christian Michel James, one of the key middlemen wanted by the Indian investigative agencies in connection with its probe into Rs 3,600 crore AgustaWestland VVIP chopper deal case.

A translation of the Dubai court's four-page order, from arabic, indicates that it had rejected all the contentions raised by Michel's counsel opposing the extradition plea by the Indian authorities.

However, the investigating agencies have not yet received any communication from the UAE authorities on the court order.

There has been considerable confusion in the media about the actually order of the Dubai court, with some reports stating the order had supported extradition while others said the opposite.

The ruling was given by a bench presided over by Judge Eissa Mohamed Sherif with member judges Rashid Mohamed Al Sumairi and Ashraf Mohamed Al Shawadfi presiding on September 2.

According to wording of the court order, Michel's counsel had argued that he may be "exposed to inhuman treatment" and that the case against the accused was "political" in nature.

The translated order of the court, however, said that "the extradition request had no objectives -- political or racial or religious, but rather the purpose of which is to prosecute him for a criminal offense." and, therefore... "do not prevent the Court from surrendering as long as it appears from the file of restitution that the extradition request is not related to reasons other than the crime committed by the wanted person."

Michel had also urged the court to hear a security officer named Walid, who had allegedly witnessed the meeting between him and the Indian authorities -- in order to prove that the case was 'political'. However, the court observed that request was "invalid as the name of the person did not fully show his rank or his work".

His counsel had also argued, according to the court order, against extradition because the accused would be subjected to "inhumane treatment" and in the absence of "any guarantees" to him. Rejecting this contention, the court said that the accused could be handed over to the "competent authorities of the Republic of India."

Michel's counsel had also opposed the extradition request on the grounds that he stood exonerated by British courts and Swiss tribunals. The court, however, pointed out that "the verdict of the Italian courts in the case number 357/13 based on criminal FIR 2246/12 registered against him and other two Giuseppe Orsi and Spaglini Bruno, found him guilty."

According to Indian government officials, the UAE government had approached the court late last month asking if Michel, a British national, could be extradited to a third country -- India.

In January this year, the Enforcement Directorate (ED) had lodged a request with the UAE authorities for extraditing Michel. Both the ED and the Central Bureau of Investigation (CBI) had filed chargesheets in bribery cases in Indian courts and non-bailable warrants had been issued against the accused.

Last year, a red corner notice (RCN) was issued against Michel by the Interpol on a request by the CBI. RCNs were also issued against two Italians involved in the case -- Carlo Gerosa and Guido Haschke.

According to Indian investigative agencies, Michel had received at least Rs 235 crore for ensuring that the chopper contract went to AgustaWestland.

On January 1, 2014, India cancelled the contract with Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF, over alleged breach of contractual obligations and on charges of paying kickbacks amounting to Rs 423 crore.

The CBI, which registered an FIR in the case on March 12, 2013, had alleged several persons had received kickbacks from AgustaWestland to help it win the contract.

  

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Comment on this article

  • Mangalurian, Mangaluru

    Fri, Sep 21 2018

    By refusing the $100 million gift, the Gujju-bhai's Government may have hurt the UAE leadership rather badly.

    It is an Arabian Peninsula custom to never refuse a gift.

    DisAgree Agree [3] Reply Report Abuse

  • Mangalurian, Mangaluru

    Fri, Sep 21 2018

    The GCC countries treat Britain in a very special way.

    They would never ever turn over a British national to India.

    The Gujju-bhai's Government may have greater gains if the Indian security agencies are ordered to investigate all those in India who helped the thousand-plus crore financial absconders, like Nirav Modi, escape from the country.

    Mr Jaitley's daughter has been Nirav Modi's lawyer.

    DisAgree Agree [2] Reply Report Abuse

  • Swamy, Mangalore

    Thu, Sep 20 2018

    The latest news from Dubai Times newspaper says a different story. Desperate BJP is throwing its arms and legs in air somehow to prove the non existent issue. BJP is trying its best to dilute Lalit Modi, Nirav Modi, Chowski, Vijaya Mallya case by forcefully bringing a innocent man and get a statement out of him by custodial torture.

    DisAgree [5] Agree [13] Reply Report Abuse

  • SMR, Karkala

    Thu, Sep 20 2018

    A day after a selected few Indian TV anchors announced that the British middleman Christian Michel was to be extradited to India in AgustaWestland VVIP chopper scam, the news has turned out to be fake.

    On Tuesday, a number of TV anchors and news outlets had announced the ‘news’ of a Dubai court ordering Michel’s extradition. Some of them were even quick to call the imaginary ‘order’ yet another ‘masterstroke’ by the Narendra Modi government.

    On 2 September, the Dubai Court of Appeals had merely stated that Michel could be extradited to India. What no one in the pro-government Indian channels cared to broadcast was that this order was a mere opinion and this requires the approval of the UAE Minister of Justice even before its implementation process starts.

    But, even before the order of the Dubai Court of Appeals is sent to the minister concerned, Michel has been given an opportunity to appeal this order by 2 October. The excitement among TV anchors was, therefore, premature. The episode must serve both Union Minister Prasad and his friends in TV channels a lesson on how to obtain facts before exhibiting their exuberance in public.

    Jai Hind

    DisAgree [2] Agree [7] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Sep 20 2018

    Nirav Modi, Mehul Chokshi & Vijay Mallya are Lucky ...

    DisAgree [1] Agree [9] Reply Report Abuse


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Title: Dubai court order favours extradition of Michel in chopper bribery case



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