SC refers to a different bench plea of AgustaWestland intermediary James’ plea for launch from jail| India Information
New Delhi, The Supreme Courtroom on Friday referred to a different bench a plea of alleged intermediary Christian Michel James within the ₹3,600-crore AgustaWestland VVIP chopper rip-off case looking for his launch from jail.
The Delhi Excessive Courtroom had on April 8 dismissed the petition of the British nationwide within the case, saying there was no benefit within the plea of James who was extradited from Dubai in December 2018.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi took notice of the truth that the sooner pleas of the accused have been heard by one other bench headed by Justice Vikram Nath.
“Let this matter be referred to a bench headed by Justice Vikram Nath,” the CJI mentioned.
In his petition, James assailed a provision of the India-UAE extradition treaty. He additionally challenged a trial court docket order of August 7, 2025 by which his software below Part 436A of the Code of Prison Process for his launch from jail was rejected.
James challenged Article 17 of the treaty, signed in 1999, which permits the requesting state to prosecute extradited individuals not just for the precise offence for which extradition was executed, but in addition for related offences.
It was argued earlier than the excessive court docket that an extradited individual will be prosecuted just for the offences for which extradition passed off, and never for related offences.
James, in its petition, additionally submitted that he accomplished seven years in jail on December 4, 2025 and has, subsequently, already undergone the utmost sentence attainable for the offences for which he was extradited, rendering his continued detention in India unlawful.
The excessive court docket, in his order, acknowledged that it was not permissible for James to re-agitate points pertaining to the treaty which, a minimum of on a prima facie foundation, have already been thought of by the Supreme Courtroom.
It nonetheless thought of provisions of the treaty and dominated that James was extradited for dealing with trial for offences which straight arises from the factual background within the current case, and subsequently, his prosecution fell throughout the scope of the treaty.
After his extradition, James was arrested by the CBI and the Enforcement Directorate .
James is among the many three alleged middlemen being probed within the case, and the opposite two are Guido Haschke and Carlo Gerosa.
He was granted bail by the Supreme Courtroom within the CBI case in February 2025. The excessive court docket granted him bail within the ED case in March that 12 months.
James, nonetheless, continues to be in jail as he was unable to fulfil the bail circumstances.
A trial court docket directed James to furnish a private bond of ₹5 lakh and a money surety of the identical quantity to safe his launch within the CBI case. Within the ED case, the excessive court docket requested him to furnish a private bond of ₹5 lakh and a money surety of ₹10 lakh.
The excessive court docket additionally clarified that James may very well be launched with out depositing the passport, which has expired instantly .
The authorities involved have been requested to deposit the recent passport, every time prepared, with the trial court docket straight, it added.
The excessive court docket additionally requested the Foreigners Regional Registration Workplace to make sure that James doesn’t go away the nation.
The CBI, in its cost sheet, has alleged an estimated lack of 398.21 million euros to the exchequer as a result of deal that was signed on February 8, 2010, for the availability of VVIP choppers price 556.26 million euros.
The ED, in its cost sheet filed in opposition to James in June 2016, alleged that he had obtained 30 million euros from AgustaWestland.
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