AgustaWestland Helicopter Deal Case - Extradition of Christian Michel

Why in news?

British businessman Christian Michel, a key accused in the AgustaWestland deal case, was extradited to India.

What is the AgustaWestland deal case?

• Deal - The Congress-led UPA government had in February 2010 signed a contract with AgustaWestland, a UK-based helicopter manufacturing company.

• AgustaWestland is the British arm of Italian firm Finmeccanica.
• The contract was to purchase 12 AW101 helicopters for the Indian Air Force for Rs 3,600 crore.
• These helicopters were supposed to be used for ferrying the President of India, the Prime Minister, and other such VVIPs.
• Allegation - It was alleged that technical specifications of the required choppers were tweaked.
• This includes lowering of the service ceiling of the helicopter from 6,000 m to 4,500 m to help AgustaWestland qualify and win the bid.
• AgustaWestland’s parent company Finmeccanica allegedly paid kickbacks to win the VVIP chopper deal with the Indian Air Force.
• The CBI has alleged there was an estimated loss of Euro 398.21 million (app. Rs 2,666 crore) to the exchequer in the deal.
• Michel is one of the three middlemen who brokered the deal, besides Guido Haschke and Carlo Gerosa.
• They are being probed in the case by the enforcement directorate (ED) and the Central Bureau of Investigation (CBI).
• He has, reportedly, paid bribes to officials and politicians to make the contract in favour of AgustaWestland.
• In January, 2014, India scrapped the contract over alleged breach of contractual obligations and charges of paying kickbacks for securing the deal.

How has extraditions been for India?

• India’s track record with securing the extradition of fugitives from justice has been modest as only one third of all requests since 2002 have been accepted.
• Amongst the 44 countries India has extradition treaties with, the United Arab Emirates has been the most amenable.
• It has deported or extradited 19 of 66 fugitives to India in the past decade and a half.
• A reason for the low success rate in the past is the perception that India’s criminal justice system delivers too slowly.
• E.g. the last high-profile case of the 1993 Mumbai blasts accused Abu Salem, who was extradited from Portugal in 2005
• His trial was finally completed in 2017, when he was sentenced to life.

Why is the present case unique?

• Christian Michel is a UK citizen living in Dubai, UAE.
• So being not an Indian national, extraditing to a third country, India was challenging.
• Unlike similar cases in which extradition was granted, he is not wanted on serious criminal charges like murder.
• Also, his extradition comes at a time when several other cases of businessmen who have fled India are pending.

What is the need for caution?

• The extradition to India of Christian Michel is a diplomatic success for a number of reasons.
• The government must be aware that its actions in the Michel case are under close scrutiny.
• This is not just from the UAE, whose courts deliberated for some months on whether to send him to India, but other countries too.
• Notably, India has about 150 pending requests at present with other countries.

What lies ahead?

• If handled professionally and without politicisation, Mr. Michel’s extradition could reveal important leads in the helicopters case.
• It would also bolster India’s reputation as a country serious about ensuring that justice is served, and expeditiously so.
• The CBI, which has received custody of Mr. Michel from a special court, must adhere to internationally accepted norms of interrogation.
• Failing on this would make other fugitives oppose pleas for their extradition to India.
• The U.K. has also taken up its request for consular access to Mr. Michel.
• Notably, India's record in fulfilling its diplomatic obligations in this regard may influence high-profile cases in U.K. courts, including Vijay Mallya’s and Nirav Modi’s.

Source: Indian Express, The Hindu