The Supreme Court on Monday sought the Centre’s response to the petition filed by Christian Michael James, the alleged middleman in $The 3,600-crore AgustaWestland VVIP helicopter case, which seeks his release from prison on the grounds that he has already served the maximum sentence for the crimes for which he was extradited.
A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Centre, investigating agencies, Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), and posted the matter for July.
He had earlier approached the Delhi High Court seeking similar compensation, which was rejected on April 8.
Lawyer Aljo K Joseph, who appeared for Michel, told the Supreme Court that the petitioner had already undergone more than seven years of imprisonment after his extradition from Dubai in 2018 in connection with the case. He said the charge against Michel under the Prevention of Corruption Act carried a maximum sentence of five years, and he had been in prison for a period exceeding the maximum sentence for the alleged crime.
The petition challenged Article 17 of the extradition treaty between India and the UAE, which allows for prosecution of “linked offences”. James’s appeal said that under the “principle of specialization” set out in Section 21 of the Extradition Act, the accused could not be convicted of any crime other than that for which he was extradited.
“The Supreme Court has gone so far as to say that the Indo-UAE treaty will prevail over the law passed by Parliament,” lawyer Joseph said, noting that the bench headed by Justice Nath in February last year had granted him bail in the CBI case. Later, he was also released on bail in the ED case, but is still in jail.
Citing a UK Supreme Court order of March 2026, where the Government of India had issued a categorical statement recognizing the principle of specialization for extradition of Nirav Modi, the petition said: “As per the rule of speciality, Mr. Nirav Modi will not be subject to any prosecution for offenses outside the ambit of extradition offenses without obtaining the consent of the UK Government.”
“Issuance of returnable notice within four weeks,” the bench said.
Lawyer Joseph noted that the maximum punishment in the case under the Prevention of Corruption Act, for which he was extradited, has already been served. The court responded: “Now the material cited lasts a lifetime.”
The bench was referring to the Delhi High Court order, which records the supplementary chargesheet filed by the CBI in 2020, adding Section 467 of the Indian Penal Code (IPC), relating to forgery, cheating offenses, criminal conspiracy and bribery. Article 467 provides for life imprisonment. Citing this ruling, the Center claimed that James had not yet completed the maximum sentence.
