CBI Court dismisses Christian Michel’s plea to meet his foreign lawyer in Jail

The Special CBI Court in New Delhi’s Rouse Avenue Court complex has dismissed plea by alleged middle man in the AgustaWestland case, Christian Michel to meet his foreign attorney, Rosemary Patrizzi in Tihar Jail..The order was passed by Judge Arvind Kumar..Michel had sought necessary directions to the Superintendent of Tihar Jail to permit him to meet Patrizzi in accordance with his right to meet with his Indian attorneys in Jail during judicial custody..It was submitted that Michel was a British citizen and was facing prosecution in different parts of the world..Therefore, it was contended that it was important for Michel to meet his foreign lawyer, Patrizzi for discussing his cases which are pending before different courts outside India..CBI contended that the prison rules restricted the scope of legal interviews with the inmate for the legal practitioners under the Advocates Act, 1961 and no such permission could be granted to any foreign lawyer..After recording the submissions made by the parties, the Court perused the relevant Delhi Prison Rules, 2018 i.e. Rule 606 and Rule 627 on interview..The Court opined that it was clear from the bare reading of these Rules that only Legal Practitioners registered under the Advocates Act, 1961 were permitted to meet the accused and have legal interviews..It added that the Advocates Act, 1961 did not recognize or permit foreign lawyers to practice in India in the litigation side..The Court also relied on the Supreme Court judgment in Bar Council of India V/s A. K. Balaji & others (2018) and stated the foreign lawyers could appear before the Court with its permission and not otherwise..In the present case, no application had been filed by Rosemary Patrizzi seeking permission to represent accused Michel before the Court, it was noted. .The Court also took note of the fact that no detail of cases pending outside India was mentioned in the application..In view of the above, the Court concluded that Rosemary Patrizzi could not be allowed to have legal interview with accused Christian James Michel as Legal Advisor..The Court nonetheless clarified that a foreign lawyer could be allowed to meet an accused in jail as per Jail Rules, if he/she intended to meet/visit the accused as a friend..Michel is represented by Advocates Aljo K Joseph, Sriram Parakkat and Vishnu Shankar..Advocate DP Singh is the Special Public Prosecutor..Christian Michel is accused of having entered into as many as twelve contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to 42.27 Euro million received on the procurement of VVIP helicopters by the Government of India..After being extradited to India from Dubai, Michel was produced before the CBI Court on December 5 and sent to CBI custody. On December 22, he was sent to seven days’ ED custody by the CBI Court..Christian Michel was finally sent to judicial custody on January 5 and remained in Tihar Jail ever since..Read the Order: