How ED, CBI Challenged Agusta Westland VVIP Chopper Scam Accused Christian Michel - Extradition Plea In Delhi HC

It is a settled position of law that an Act must be given a purposive interpretation with the treaty, the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) submitted before the Delhi

High Court while opposing the petition filed by Christian Michel James in the Agusta Westland VVIP Chopper Scam case.“The power of entering into a treaty is a sovereign executive power of the State. The Extradition Treaty is an agreement between the two sovereigns, knowing fully well the applicable domestic laws as prevalent, to facilitate the extradition of persons between the states”, the investigating agencies have saidThe Delhi High Court has been hearing a petition filed by James challenging certain provisions of his extradition treaty signed between India and UAE.James has challenged the treaty on the grounds that section 21 of the Extradition Act, which prohibits trying extradited individual for offence not expressly listed in the extradition order, should take precedence over the India UAE treaty which also mentions that he may be tried for “connected offences”.In the reply filed by the CBI before the Delhi High Court it has been averred that James has been reagitating the same issue in multiple forums which clearly is an attempt at forum shopping.It also submitted that the Extradition Order is clear as it records misuse of position or job, money laundering, collusion, fraud, misappropriation and offering illegal gratification to be the allegations levelled against James and as such, there is no bar in trying him for the offences alleged against him.CBI has also submitted before the court that all the courts, from the trial court to the Supreme Court, have refused to accept the averments of James.The ED in its reply has echoed the submissions of the the CBI and pointed out that no case has been made out by James for the court to exercise its extraordinary jurisdiction.The Delhi High Court on Thursday has now directed all the parties in the case to file their written submissions before the court.The matter has now been listed for a hearing the arguments on February 20.