No Release Without Guilt: CBIs Stance On Christian Michel James In AgustaWestland Case
British National James seeking release from custody on the ground that he has spent a period in custody equivalent to a maximum punishment of 7 years.
He is on bail in both the CBI and ED's Money laundering case, but still in custody due to non-filing of the bail bond. He has to surrender his passport to the court, which has already expired.
James was extradited to India on December 4, 2018 and was arrested by the CBI. Thereafter, he was arrested by the ED in the money laundering case.
Special CBI Judge Sanjay Jindal heard the arguments on the application moved by Christian Michel James.
Special Public Prosecutor (SPP) Senior Advocate D P Singh, along with Manu Mishra, argued that James shouldn't be granted release from jail just because he has undergone a period of 7 years in custody.
It was further argued by the CBI's counsel that framing of charges has to take place. In case, even if charges under section 467 (Forgery) IPC are not framed against him, he cannot be released without pleading guilty. Section 476 IPC has maximum punishment upto life imprisonment.
"Only then can my lords say that his sentence is now over. Otherwise, he has to approach a constitutional court," the CBI counsel submitted.
On the other hand, advocate Aljo K Joseph, counsel for the accused, argued that he was entitled to be released under the provisions of Section 436A of the CrPC.
Special Public Prosecutor (SPP) NK Matta, who appeared for the ED, submitted that the condition of extradition doesn't apply to the case. Enforcement Directorate (ED) as he was arrested subsequently to the arrest by the CBI.
SPP Matta also submitted that remission can be considered only after punishment. The seven years of punishment have not been completed in the ED's case.
The court will continue to hear submissions on Tuesday also.
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The Hindu
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Hindustan Times
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Hindustan Times
an hour ago
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He began his political career while still residing in Hisawda, contesting and winning the Baghpat assembly seat in Uttar Pradesh as a Lok Dal candidate. In his 60-year-long career that spanned various political parties, Malik achieved his most high profile roles as a leader of the BJP , a party he joined in 2004 while again contesting the Baghpat seat. He was part of the Congress and the Janata Dal besides Charan Singh's party, becoming a general secretary of the then newly formed Lok Dal in 1975. He was viewed as a champion of farmers' interests over his political career. 'He really struggled a lot,'' said Charan Singh's grandson and Union minister Jayant Chaudhary. 'He worked both with Chaudhary Charan Singh and Chaudhary Ajit Singh and was associated with Baghpat till he became governor. Personally, he was very affectionate towards me.' During the time he was hospitalised, some Opposition leaders had visited him at the RML hospital. Leader of the Opposition (LoP) Rahul Gandhi posted,' I am deeply saddened to hear the news of the passing of former Governor Satyapal Malik ji. I will always remember him as a person who, until his last moment, fearlessly spoke the truth and advocated for the interests of the people.' In 2023, Gandhi hosted a conversation with Malik in which the latter echoed the Opposition's sentiments on sundry issues. But, even before this public falling out with the government, Malik was a controversial figure, especially for his stint at Srinagar's Raj Bhawan. In 2018, when he dissolved the state assembly, he blamed a broken fax machine for ignoring People's Democratic Party (PDP) leader Mehbooba Mufti's claim to form a government along with the National Conference (NC). Responding to the backlash that followed, Malik then claimed that the governor's office was unmanned because of Eid. The Opposition wasn't amused, as the dissolution was just minutes after Mufti had posted on X (then Twitter) about her intention. In his order, Malik had cited the possibility of horse-trading and state security to justify his decision. Malik had also courted controversy earlier that year for declaring in an interview to this writer the winner of the Srinagar mayoral elections before it took place, eliciting sharp reactions from leaders like Omar Abdullah who asked how Malik was privy to this information. He also upset Opposition leaders, including Abdullah and Mufti, by being dismissive about their treatment and months-long house arrest during the abrogation of Article 370 in August 2019. Malik had said, 'I have gone to jail 30 times, whoever goes to jail will come out shining as a future leader. They can take political benefit of detentions in future. Don't you want new political leaders to emerge in Kashmir?' Unsurprisingly, when Malik fell out with the BJP's top brass and faced a CBI case and raids, Kashmir's leaders showed little sympathy. Malik's cremation is scheduled for Wednesday at the Lodhi crematorium in Delhi.
