‘Sad to see trial has not started in 7 years': Judge to AgustaWestland middleman Christian Michel James
Hearing an application moved by Christian Michel James, an accused and alleged middleman in the AgustaWestland VVIP chopper case, Special Judge Sanjeev Aggarwal of Rouse Avenue Court said on Thursday that it was 'sad to see that the trial has not started in seven years'.
James, who was extradited from the United Arab Emirates (UAE) in 2018 and has been in Tihar jail for close to seven years, had moved an application earlier requesting adequate security measures in prison, alleging that his tea was being poisoned and that there were threats to his life.
'I feel sad for you every time you appear before me,' the Judge said to James.
'Do not feel sad, sir. I have learnt a lot in jail. I now know what I want to do with my life. Jail changed that for me. I have made some tremendous friends in Tihar. One official protected me in jail… he put in 110 per cent effort to keep me safe,' James replied.
In a report submitted by Tihar authorities on James's fellow prisoner Shahnawaz, it was stated that he had '41 punishments' against him for his conduct in jail after 2020 during his stay in multiple jails in Tihar. The punishments were under 'disorderly behaviour' and 'prohibited articles', it said.
The Tihar authorities also mentioned in the report that Shahnawaz was in Tihar jail cell number 1 from November 2018 to October 2019, during which no complaint was lodged against him. This was the period during which James alleged that there were attempts to 'poison him'.
'How can you keep a foreign prisoner with someone dangerous?' Judge Aggarwal asked the jail authorities.
'We have multiple security arrangements on the basis of the kinds of prisoners. We could not have kept him in solitary confinement,' a jail official responded. 'This is six years old. An enquiry was made and, in its report, it was stated that there is no threat to the accused person's life,' the official added.
The court noted that '…it is a matter of serious concern that the accused states that there was an attempt on his life by an co-inmate, who was a desperate criminal, thereby putting his life to peril and further, as stated by him that it was an pre-planned conspiracy to eliminate him in the jail by his enemies related to this case by poisoning him'.
It then sought the inquiry file on the basis of which the inquiry report dated August 29, 2019, was given, 'be called from the Senior Law Officer, Prison Head Quarters, New Delhi, through DG (Prison)' and posted the matter for hearing next on June 6.
After he was granted bail in both the money laundering case linked to the alleged scam, being investigated by the Enforcement Directorate (ED), and the corruption case being investigated by the Central Bureau of Investigation (CBI), James had told the court that Delhi, for him, was a larger prison than Tihar.
As per the CBI probe in the AgustaWestland VVIP chopper case, a contract for the supply of 12 VVIP/non-VVIP helicopters was awarded to AgustaWestland for Rs 3,726.96 crore, and an agreement to this effect was executed on February 8, 2010, between the defence ministry and the UK firm.
The agency alleged that former chief of air staff S P Tyagi, between 2005 and 2007, approved reducing the altitude ceiling for VVIP helicopters from 6,000 to 4,500 metres. This allowed AgustaWestland to enter the fray after being disqualified in 2002, as per the CBI probe.
The central agency also alleged that undue favour was given to AgustaWestland for awarding the contract of procurement of VVIP helicopters in its favour by accepting illegal gratification from it through middlemen.
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