Denial of appropriate medical treatment for Christian Michel is a travesty of justice: CBI judge

London: Reports from New Delhi reveal a stern reprimand issued to Tihar Jail authorities by a special judge of the Central Bureau of Investigation (CBI) at the Rouse Avenue courts. On November 30, Justice Sanjeev Aggarwal ordered urgent medical intervention for Christian Michel, a British national and arms consultant, whose medical condition was allegedly misdiagnosed or neglected for five months.>

The judges' decision comes against a backdrop of broader international implications. In November 2020, the United Nations Working Group on Arbitrary Detention (UNWGAD) recommended the immediate release of Michel. The Indian government ignored this recommendation and the British government's response was largely perfunctory.>

Michel's numerous calls to British Prime Ministers Boris Johnson and Rishi Sunak resulted in only model responses. Even a meeting between Michel's sons, Alois and Alaric, and British Foreign Secretary Catherine West yielded no tangible results.>

On December 4, Michel celebrated six years of detention in India without trial. He is accused of bribing Congress party leaders, including former party president Sonia Gandhi, to secure a VVIP helicopter contract during the United Progressive Alliance (UPA) government in 2010.>

Despite 11 years of investigation, neither the CBI nor the Enforcement Directorate has presented enough evidence to initiate a trial.>

Justice Aggarwal highlighted the urgency of Michel's condition, ordering the All India Institute of Medical Sciences (AIIMS) to conduct an immediate non-contrast CT scan or full CT scan of Michel's pelvis and bilateral hips.>

The doctor or doctors involved will then determine whether a total hip replacement is warranted, the judge ordered.>

Injury, pain and neglect>

Michel informed the court that his medical condition started with a fall at Tihar jail on July 11. He may have suffered a broken right hip, but records suggest the injury was not adequately treated.

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Tihar prison doctor Harsh Buch reported that Michel was diagnosed with osteoarthritis of the hip and avascular necrosis of 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 not carried out until November, with the results delayed until November 23.

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The MRI revealed significant damage, prompting AIIMS to schedule a hip replacement for March 22, 2025.>

Justice Aggarwal expressed concern about the delay, noting Michel's excruciating pain and the risk of further complications if the procedure was postponed. Failure to provide proper and timely treatment would amount to a travesty of justice, Aggarwal said.

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Judicial and diplomatic inertia>

Michel's prolonged detention has drawn criticism from international observers and legal experts. In February 2023, the then Chief Justice of India, DY Chandrachud, rejected Michel's bail application, although he questioned the prolonged nature of his detention.>

Justice Chandrachud remarked: He is a foreign national, how is this deprivation of liberty justified? However, the court did not grant bail.>

Michel's defense lawyer, Aljo Joseph, argued that the prosecution violated Section 21 of the Indian Extradition Act, which prevents the addition of new charges after extradition. Michel was extradited from the UAE in 2018 on charges related to corruption and fraud, but the CBI later added charges of forgery under Section 467 of the Indian Penal Code, which is punishable by life sentence.>

Justice Chandrachud, however, prioritized the fresh charges under Section 467, quashing Michel's application under Section 436A of the Code of Criminal Procedure, which allows release if half of the maximum sentence has been served. purged.>

According to the initial charges, Michel could have been released after three and a half years.>

International allegations and criticism>

The helicopter deal, initially approved under BJP Prime Minister Atal Bihari Vajpayee in 2004, was finalized under the UPA government in 2010 under the leadership of Defense Minister AK Antony, widely seen as incorruptible.>

The deal was canceled in 2013 following corruption allegations involving Italian leaders.>

Italy's highest court later acquitted the accused executives, including Michel, dismissing the accusations as speculative.>

Michel alleges that in 2018, Rakesh Asthana, then special director of the CBI, pressured him to implicate Sonia Gandhi, her son Rahul Gandhi and senior Congress leader Ahmed Patel for corruption. He claims to have been threatened with an indefinite prison sentence if he refused.>

In November 2020, the UNWGAD ruled Michels' detention arbitrary and contrary to several international human rights conventions. Despite this, the Indian and British governments have not taken any decisive action.>

Michel's health problems, compounded by inadequate prison conditions, further complicated his situation. In 2021, he contracted COVID-19 and suffered from kidney stones due to poor sanitation in Tihar jail.>

A legal and moral dilemma>

Judge Aggarwal's intervention could 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 and aimed at tarnishing opposition leaders.>

As Michel spends another year in detention, his case highlights serious failures of justice and accountability, with implications for India's legal system and its international reputation.>

Ashis Ray is the author of Put to Rest: Subhas Chandra Boses Death Controversy published by Roli Books; a book described by former Indian Foreign Minister Krishnan Srinivasan as the final word on the subject. Ray can be followed @ashiscray on X.>