Delhi High Court Allows Christian Michel to Refile Plea Against India–UAE Extradition Clause

The Delhi High Court on Monday refused to hear a petition filed by Christian Michel, the alleged middleman in the AgustaWestland VVIP chopper deal, in which he questioned the legality of a key provision in the India–UAE Extradition Treaty. The Court said that treaties are not parliamentary laws and therefore cannot be declared unconstitutional. Michel has been allowed to file a fresh petition with proper prayers and reliefs.

Court Says Treaty Cannot Be Declared Illegal

A Division Bench of Justices Vivek Chaudhary and Manoj Jain was hearing Michel’s challenge to Article 17 of the 1999 India–UAE Extradition Treaty. This provision allows India to prosecute a person extradited from the UAE not just for the offence mentioned in the extradition request but also for other “connected offences.”

Michel argued that this goes against Section 21 of the Extradition Act, which states that an extradited person cannot be tried for any offence other than what is mentioned in the extradition decree.

He also submitted that Indian investigating agencies added Section 467 IPC (forgery), which carries a punishment of life imprisonment, through supplementary chargesheets even though this offence was not part of the UAE’s extradition order.

“What Relief Are You Seeking?” Court Asks

The Bench made it clear that the High Court cannot strike down a treaty provision since a treaty is not a law passed by Parliament.

The Court also said it cannot issue a declaration without asking for specific relief flowing from it.

“You are saying this is a treaty. It is not passed by Parliament, so it is not a law. If it is not a law, it cannot be declared ultra vires,” the judges observed.

They further noted: “We don’t issue declarations in the air. What is the consequential relief you want?”

Since the petition was not properly framed, the Court suggested that Michel withdraw it and file a fresh one containing all necessary details and reliefs. Michel’s counsel, Advocate Aljo K Joseph, agreed.

Background of the Case

Christian Michel, a British national, was extradited from the UAE on December 4, 2018. He is accused of acting as a middleman in the VVIP helicopter deal awarded to AgustaWestland during the UPA government. Investigating agencies allege:

• Michel signed 12 contracts with AgustaWestland to route kickbacks
• Payments worth €42.27 million were involved
• Nearly US$33 million in bribes travelled through bank accounts in the UK and UAE

Michel’s Claims in the Petition

Michel also argued that:

• He has already served the maximum possible sentence for the offences for which he was extradited
• His continued detention in India is therefore illegal
• The 2017 CBI chargesheet invoked Sections 8, 9 and 12 of the Prevention of Corruption Act, which then carried a maximum punishment of five years
• His total custody, including time spent in detention during extradition proceedings in the UAE, exceeds this limit

For the CBI: SPP DP Singh appeared.