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
