New Delhi, December 6
“Can someone be kept in jail indefinitely merely because he is a foreign national,” the Supreme Court asked on Tuesday during the hearing of AgustaWestland scam accused Christian Michel James’ bail plea.
“Merely because he is a foreign national, how long can we keep him? Can that justify complete deprivation of his liberty? Had he been an Indian national, the court would have been willing to grant him bail,” the Bench led by CJI DY Chandrachud told Additional Solicitor General SV Rau, who represented the CBI and the ED.
A UK national, James (61) is an accused in the Rs 3,600-crore scam relating to the purchase of 12 VVIP helicopters from AgustaWestland. James, an alleged middleman arrested in connection with the scam cases, was extradited from Dubai and arrested by the ED on December 22, 2018.
He has been in judicial custody since January 5, 2019. The trial court and the Delhi HC had denied him bail. He has challenged the High Court order. He had spent more than four years in jail for the offences which attracted the maximum five-year imprisonment, the Bench noted.
Asking the ASG and the counsel for the accused to prepare separate notes on certain legal aspects of the conditions attached to his extradition, the top court posted the matter for hearing in the second week of January next year.
