On Monday, the Special CBI Court in Delhi has dismissed the application filed by Christian Michel, accused in Agusta Westland scam, seeking permission for allowing legal interviews with his foreign lawyer.
The Court denied permission for the same.
The reason comprehended by the Court was that the Delhi Prison Rules 2018 only permitted legal practitioners within the meaning of the Advocates Act 1961 to have legal interviews with prison inmates.
The Supreme Court's ruling in the 2018 case Bar Council of India v A K Balaji that foreign lawyers are not entitled to have litigation or non-litigation practice in India was also referred to by the Court.
Special CBI Judge Arvind Kumar of Rouse Avenue Courts in the order said:
"It is clear from the bare reading of aforesaid rules that Legal Practitioners registered under the Advocates Act, 1961 are permitted to meet the accused/ have legal interviews as per the aforesaid Jail Rules. So far as foreign lawyers are concerned, the Advocates Act, 1961 does not recognize or permit foreign lawyers to practice in India in the litigation side. The aforesaid rules make it clear that foreign lawyers are not entitled to have legal interviews with the inmate/prisoner of Tihar Jail, as legal Advisor."
In his application filed, Michel sought permission to allow consultation with Italian lawyer Ms. Rosemary Patrizzi by stating that it was necessary for conducting the cases which he was facing in foreign jurisdictions.
The Court held that Ms. Rosemary Patrizzi cannot be permitted to have an interview with Michel in the capacity of a legal advisor noting that Michel was already being represented by three Indian Lawyers namely- Advocate Sriram Parakkat, Advocate MS Vishnu Shankar, Advocate Nayan Maggo.
The Court further noted that no detail of cases pending outside India, regarding which the accused want to have a discussion with the foreign lawyer, were mentioned in the application.
The Court though allowed the meet on a friendly basis which it authorized previously as well.
The accused had another demand to make ISD calls which were not pressed by his Lawyers in view of the fact that this issue was under the consideration of Delhi High Court.
Who is Christian Michel?
He is a 57-year-old British national who is an established arms dealer who allegedly helped AgustaWestland - owned by Italian defence company Finmeccanica (now Leonardo) - to bag the February 2010 deal for 12 AW101 choppers, mainly meant for VVIP use. The Enforcement Directorate's charge sheet filed against Michel in June 2016 accused him of receiving 30 million euros or about Rs 225 crore from the helicopter manufacturer for bribing Indian bureaucrats, politicians, and Indian Air Force officials. The other accused are Guido Haschke and Carlo Gerosa.
The CBI has alleged there was an estimated loss of Euro 398.21 million (about ₹2,666 crores) to the exchequer in the deal that was signed on Feb 08, 2010, for the supply of VVIP choppers worth Euro 556.262 million. The ED, in its charge sheet filed against Michel in June 2016, had alleged that he received EUR 30 million (about ₹225 crores) from AgustaWestland.
In the last development, he was arrested by Enforcement Directorate following his extradition from Dubai in Dec 2019 and has been under custody ever since.
