London: Reports from New Delhi reveal a sharp rebuke of Tihar jail authorities by a special Central Bureau of Investigation (CBI) judge at the Rouse Avenue Courts. On November 30, Judge Sanjeev Aggarwal directed urgent medical intervention for Christian Michel, a British national and armaments consultant, whose medical condition was allegedly misdiagnosed or neglected for five months.
The judge’s ruling comes amid broader international implications. In November 2020, the United Nations Working Group on Arbitrary Detention (UNWGAD) recommended Michel’s immediate release. The Indian government ignored this recommendation, and the British government’s response has been largely perfunctory.
Michel’s numerous appeals to British Prime Ministers Boris Johnson and Rishi Sunak resulted only in template responses. Even a meeting between Michel’s sons, Alois and Alaric, and UK foreign office minister Catherine West yielded no tangible outcomes.
On December 4, Michel marked six years in Indian custody without trial. He is accused of bribing Congress party leaders, including former party president Sonia Gandhi, to secure a VVIP helicopter deal during the United Progressive Alliance (UPA) government in 2010.
Despite 11 years of investigation, neither the CBI nor the Enforcement Directorate has presented sufficient evidence to commence trial proceedings.
Judge Aggarwal underscored the urgency of Michel’s condition, ordering the All India Institute of Medical Sciences (AIIMS) to conduct an immediate non-contrast CT scan or a full CT scan of Michel’s pelvis and bilateral hips.
“The concerned doctor(s) shall then determine whether a total hip replacement surgery is warranted,” the judge directed.
Injury, pain and neglect
Michel informed the court that his medical condition began with a fall in Tihar jail on July 11. He may have suffered a right hip fracture, but records suggest the injury was not adequately treated.
Tihar jail’s medical officer, Harsh Buch, reported that Michel was diagnosed with “hip osteoarthritis” and avascular necrosis in the right hip.
Michel was referred to Safdarjung Hospital, AIIMS and other facilities for consultations, MRI scans and physiotherapy. However, a critical MRI of his pelvis, recommended by AIIMS in early September, was only conducted in November, with the results delayed until November 23.
The MRI revealed significant damage, prompting AIIMS to schedule a hip replacement surgery for March 22, 2025.
Judge Aggarwal expressed concern about the delay, noting Michel’s “excruciating pain” and the risk of further complications if the procedure is postponed. “Failure to provide proper and timely treatment would amount to a travesty of justice,” Aggarwal declared.
Also read: Christian Michel Has Spent Five Years in Tihar Jail But There’s No Word on When His Trial Will Begin
Judicial and diplomatic inertia
Michel’s prolonged detention has drawn criticism from international observers and legal experts. In February 2023, then-Chief Justice of India D.Y. Chandrachud denied Michel’s bail plea despite questioning the prolonged nature of his detention.
Justice Chandrachud remarked, “He is a foreign national … how is this deprivation of liberty justified?” Yet, the bench did not grant bail.
Michel’s defence counsel, Aljo Joseph, argued that the prosecution had violated Section 21 of the Indian Extradition Act, which prevents the addition of new charges post-extradition. Michel was extradited from the UAE in 2018 under charges related to corruption and fraud, yet the CBI later added forgery charges under Section 467 of the Indian Penal Code, which carries a potential life sentence.
Justice Chandrachud’s bench, however, gave precedence to the new charges under Section 467, overriding Michel’s petition under Section 436A of the Code of Criminal Procedure, which allows for release if half of the maximum sentence has been served.
Under the original charges, Michel would have been eligible for release after three and a half years.
Allegations and international criticism
The helicopter deal, originally approved under BJP Prime Minister Atal Bihari Vajpayee in 2004, was finalised during the UPA government in 2010 under defence minister A.K. Antony, who was widely regarded as incorruptible.
The deal was cancelled in 2013 following allegations of bribery involving Italian executives.
The highest court in Italy later acquitted the accused executives, including Michel, dismissing the charges as speculative.
Michel alleges that in 2018, then-CBI special director Rakesh Asthana pressured him to implicate Sonia Gandhi, her son Rahul Gandhi and senior Congress leader Ahmed Patel for corruption. He claims he was threatened with indefinite imprisonment if he refused.
In November 2020, the UNWGAD ruled Michel’s detention to be “arbitrary” and in violation of multiple international human rights conventions. Despite this, both the Indian and British governments have taken no decisive action.
Michel’s health issues, compounded by inadequate prison conditions, have further complicated his situation. In 2021, he contracted COVID-19 and suffered kidney stones due to poor sanitation in Tihar jail.
A legal and moral quandary
Judge Aggarwal’s intervention may force Indian authorities to address Michel’s medical needs, but broader questions about his prolonged detention and lack of trial remain unanswered.
Critics argue that the Modi government’s pursuit of Michel is politically motivated, aimed at tarnishing opposition leaders.
As Michel endures yet another year in custody, his case highlights serious lapses in justice and accountability, with implications for India’s legal system and international reputation.
Ashis Ray is the author of Laid to Rest: The Controversy over Subhas Chandra Bose’s Death published by Roli Books; a book described by former Indian foreign secretary Krishnan Srinivasan as the ‘last word’ on the subject. Ray can be followed @ashiscray on X.
