Dubai court orders extradition of Christian Michel wanted by India in Rs 3,600-cr choppers deal case

Agencies
November 20, 2018

Dubai, Nov 20: A Dubai court on Monday ordered the extradition of British national and alleged middleman Christian Michel, who is wanted by Indian investigative agencies in the Rs 3,600 crore AgustaWestland VVIP choppers deal case, according to a media report.

Michel, 54, is currently behind bars in Dubai since he was arrested and sent into custody pending the legal and judicial procedure in the UAE.

The Court of Cassation upheld on Monday a lower court order which ruled that Michel could be extradited, dismissing appeals filed by his defence lawyers, the Khaleej Times reported.

Judge Abdelaziz Al Zarouni, who headed a bench, pronounced the decision in the presence of member judges Musabeh Thaaloub, Mostafa Al Shinawi, Mahmoud Sultan and another judge, the paper said.

However, there was no immediate official confirmation about the court's ruling in New Delhi.

On Monday, Michel's lawyer Abdul Moneim submitted documents showing that courts in Switzerland and Italy had ruled not to extradite his client.

"The judicial authorities there concluded there was no criminal element in the case," the lawyer argued.

Earlier, he argued at Dubai's highest court that the extradition request procedure of Michel would be a "violation" of the international treaty signed between the UAE and India.

Contesting the lower court's ruling, according to which his client could be extradited, the lawyer argued that the Indian authorities did not follow "the proper procedures" when requesting the extradition, the paper said.

"The request should have been filed by India's Ministry of Home Affairs rather than its Ministry of External Affairs," Abdul Moneim was quoted as saying.

He contended that the procedure was "flawed" since it did not comply with the clauses of the treaty signed on the issue, the paper said.

"Accordingly, the lower court order should be reversed," he argued.

Michel filed his appeal before the Dubai Court of Cassation within 30 days after the lower court's ruling.

With Dubai's top court upholding the lower court's decision, it has become final but it will need approval from the UAE Minister of Justice for the extradition procedure to start.

The extradition procedure happens in coordination with the Interpol and the Criminal investigation Department.

Since the appellate court ruled on September 2 that he could be extradited, in response to a request filed by the Indian authorities to the UAE in connection with corruption-related charges, Michel lost his bail conditions, the paper said.

Michel, whose passport had been seized by the judicial authorities in Dubai and had been granted release on bail, became 'wanted' on September 2, following the decision issued by the Dubai Court of Appeals.

Citing a source, the paper said Michel's extradition request had previously been closed administratively here as the necessary papers were not available then from India. Once his file was complete, the case was re-opened. He was summoned and confronted with the file afterwards.

India officially made the request to the Gulf nation sometime back for his extradition, based on the criminal investigations conducted in the case by the CBI and the Enforcement Directorate (ED).

The ED, in its chargesheet filed against Michel in June 2016, had alleged that he received ‎EUR 30 million (about Rs 225 crore) from AgustaWestland.

The money was nothing but "kickbacks" paid by the firm to execute the 12 helicopter deal in favour of the firm in "guise of" genuine transactions for performing multiple work contracts in the country, according to the chargesheet.

Michel is one of the three middlemen being probed in the case, besides Guido Haschke and Carlo Gerosa, by the ED and the CBI. Both the agencies have notified an Interpol red corner notice (RCN) against him after the court issued a non-bailable warrant against him.

The ED investigation found that remittances made by Michel through his Dubai-based firm Global Services to a media firm he floated in Delhi, along with two Indians, were made from the funds which he got from AgustaWestland through "criminal activity" and corruption being done in the chopper deal that led to the subsequent generation of proceeds of crime.

Michel denies the charges.

On January 1, 2014, India scrapped the contract with Italy-based Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and charges of paying kickbacks to the tune of Rs 423 crore by it for securing the deal.

The CBI has alleged there was an estimated loss of Euro 398.21 million (approximately Rs 2,666 crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

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News Network
March 27,2024

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Bengaluru: Darshan Babu is an engineer who is fond of betting on cricket matches and has been placing major bets on Indian Premier League (IPL) games since 2021. He often borrows money after losing a bet, or to place one when he is short on funds. His 23-year-old wife, tired of the constant harassment by creditors, died by suicide.

Ranjitha was found hanging at her home in Karnataka's Chitradurga on March 18. According to the family, Darshan had racked up a debt of over Rs 1 crore.

He worked as an assistant engineer in the Minor Irrigation Department at Hosadurga and had been ensnared in the realm of IPL betting from 2021 to 2023. This took a major toll on the couple's finances. Allegedly, he had borrowed over Rs 1.5 crore to place bets after his luck ran out and he lost all his money. While he managed to return Rs 1 crore, cops say that he still has a pending loan of ₹ 84 lakh.

Ranjitha married Darshan in 2020. She realised the truth about Darshan's involvement in betting in 2021, claims her father Venkatesh.

In his complaint, Venkatesh said that his daughter was extremely distressed due to the constant harassment by moneylenders and this led to her suicide. He has also named 13 men who had allegedly lent the money.

He said that his son-in-law was lured into betting with a promise of quick money.

"He (Darshan) was not willing to get into betting, but the suspects forced him saying it was an easy way to get rich. They promised to finance his betting activities against some blank cheques as security," he said.

Cops during their investigation found a suicide note, where she detailed the harassment they faced. Darshan and Ranjitha have a two-year-old son.

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News Network
March 29,2024

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The Income Tax department has issued a notice of approximately Rs 1,700 crore to the Congress party, exacerbating its financial concerns ahead of the crucial 2024 Lok Sabha elections, multiple reports revealed on Friday.

The development comes after the Delhi High Court rejected the party's plea challenging reassessment proceedings for four assessment years.

The new demand pertains to assessment years 2017-18 to 2020-21 and includes penalties and interest. The Congress party now awaits reassessment for three other assessment years, expected to conclude by Sunday, the stipulated deadline, said a report.

Congress lawyer and RS MP Vivek Tankha alleged that the fresh notice of nearly Rs 1,700 crore was served on the party on Thursday without key accompanying documents.

"We received the demand notice without assessment orders. The govt appeared keener to serve us with demand rather than issue us reasons for reassessment," a news paper quoted Tankha as saying. He further added, "this is how the main opposition party is being strangled financially, and that too during the Lok Sabha elections".

Delhi HC rejects plea

The Delhi High Court, on Thursday, dismissed petitions filed by the Congress challenging the initiation of tax reassessment proceedings spanning four years by tax authorities. Justices Yashwant Varma and Purushaindra Kumar Kaurav, comprising the bench, stated that the pleas were rejected in line with their earlier decision to abstain from intervening in the reopening of reassessment for an additional year.

The subject matter of the case pertained to assessment years from 2017 to 2021.

In a previous petition dismissed the week before, the Congress party had contested the initiation of reassessment proceedings concerning assessment years 2014-15 to 2016-17.

The High Court dismissed the plea, citing that the tax authority had prima facie gathered "substantial and concrete" evidence warranting further scrutiny. The tax department alleged that approximately Rs 520 crore had evaded assessment during these three years.

Additionally, the department revealed that searches conducted on entities, including some purportedly linked to Karnataka deputy chief minister D K Shivakumar and a company in Surat, had uncovered cash transactions involving Congress. These transactions were cited as violations, disqualifying the party from tax exemption available to political parties.

In the absence of exemption, parties are treated as "association of persons" and are obligated to pay taxes on their reported income. Moreover, the cash transactions are included in their total income.

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News Network
March 19,2024

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New Delhi, Mar 19: The Supreme Court today came down heavily on Patanjali Ayurved for failing to respond to a contempt notice for issuing misleading advertisements and ordered yoga guru Ramdev to appear before it.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.

The Supreme Court last month pulled up Patanjali for prima facie violation of its assurances about its products and statements claiming their medicinal efficacy. The court had issued a notice to Patanjali and Balkrishna, asking why contempt proceedings should not be initiated against them.

It noted today that Patanjali did not file a response even though it had held a press conference after its previous order. "Why haven't you filed your response yet? We will ask the managing director to appear in the court during the next hearing," the court said.

The order states both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.

The court also issued a contempt notice to Ramdev, co-founder of Patanjali, and asked him to explain why he should not face action for contempt of court.

Senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, opposed the move and sought to know, "How Ramdev comes into the picture?"

"You are appearing. We will see on the next date. Enough," the court replied.

"We had our hands tied earlier but not now. As an officer of the court, you (Mr Rohatgi) should know your position," said Justice Amanullah.

The court was hearing a petition by the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

On February 27, it had issued a contempt notice to Patanjali and cautioned them against from making any statements against any system of medicine in the media. It had also pulled up the centre for not taking action and said they were sitting with their eyes closed.

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