Britain to get consular access to Michel soon
NEWDELHI: The Central Bureau of Investigation (CBI) is likely to let British high commission officials meet Christian Michel soon, according to officials in the agency who said the request for consular access was being taken into consideration for the interrogation schedule.
Michel, 57, arrived in New Delhi shortly before midnight on Tuesday following his extradition from the United Arab Emirates, renewing focus on the alleged ₹3,600-crore deal for 12 AgustaWestland helicopters signed and scrapped by the previous Congress-led United Progressive Alliance government – an episode that has now turned into fodder for a political fight between the opposition party and the ruling Bharatiya Janata Party (BJP).
“We have received the request for consular access to Michel sought by the British high commission here. Depending upon his interrogation schedule, we will work out a date and time for consular access,” said an agency official who asked not to be named. A CBI spokesperson confirmed that the consular access was being examined, while a foreign ministry spokesperson said India will respond to the British request “very soon”.
Michel was questioned for the second day on Thursday, and the CBI have his custody till at least December 10 before the court looks at whether it should be extended.
Countries routinely seek consular access to their citizens accused of crimes on foreign land under international law, usually to enquire the well-being of the individuals or if they need legal assistance.
According to experts, the consular access and the treatment provided to Michel are likely to have a bearing on India’s pending requests for extradition of fugitives like Vijay Mallya and Nirav Modi.
“Michel is an accused and not a convict. He should be treated with all the sensitivity required in this kind of matter and keeping in mind that he is only an accused... The treatment provided to him will impact India’s extradition requests pending in the UK and other countries too,” said lawyer AK Wali, who has handled several extradition cases on behalf of the government.
A senior advocate said consular access is normally provided unless there’s an “overweening state interest”. “It’s similar to India asking Pakistan for consular access to Kulbhushan Jadhav,” said lawyer Sanjay Hegde.
People familiar with the developments around Michel’s extradition said the Vienna Convention on Consular Relations did not stipulate a timeframe for granting consular access, which would be given in the case of Michel after necessary formalities are completed. “The paperwork will be examined and Michel’s consent will also be sought since he must consent to the consular access,” said one person.
Spokespersons of the ruling BJP and the Congress traded allegations over the deal for which Michel is being investigated.
BJP spokesperson Sambit Patra said all three lawyers, including Youth Congress functionary Aljo K Joseph, who appeared for Michel in court on Wednesday, had links with the Congress.
“Isn’t this too much of a coincidence? Isn’t the extended hand of the Congress working to protect the family?” he said on Thursday.
The Congress said the allegation was a case of the “pot calling the kettle black”. Spokesperson Jaiveer Shergill said if “the BJP can link the Congress to Michel on the basis of a lawyer then the ruling party should answer about the finance minister’s family members taking fees from Punjab National Bank scam accused Mehul Choksi, Union minister Ravi Shankar Prasad representing businessman Subrata Roy and Rajasthan chief minister Vasundhara Raje giving an affidavit in favour of Lalit Modi in London”.
Michel is accused of being one of three middlemen who brokered alleged bribes to help Italybased Finmeccanica (now Leonardo Group) win the contract for 12 helicopters primarily meant to transport VVIPs. Several parameters in the original tender were allegedly tweaked to swing the deal in favour of Finmeccanica, and several Indians, including former air force chief Air Chief Marshal SP Tyagi have been accused of being a part of the conspiracy.
All of the accused, including Michel and Tyagi, have denied the allegations.
The question of consular access also assumes significance since Michel and his lawyer have alleged that Indian officials wanted him to implicate UPA chairperson Sonia Gandhi. In an interview to NDTV on Wednesday, Michel’s Italy-based advocate Rosemary Patrizi said she feared her client could be coerced to deliver the confession.