VVIP chopper case: Probe pending for want of complete execution of LRs sent to 9 nations, says CBI

The agency has said that “voluminous documents have been received in pursuance of execution of letters rogatory and during domestic investigation. The investigation also involves the role of different departments/stakeholders, whose role and complicity are being investigated”.

The CBI said this in the Delhi High Court last month, while opposing the bail plea of Christian Michel James, an alleged middleman in a VVIP chopper deal where the agency is alleging irregularities. The bail application is still pending before the court.

The agency has said that its investigation was at its “last stage on certain key aspects”. Stating that the investigation had “international ramifications”, the CBI said that it was taking all possible steps, as per law, to conduct an effective investigation, which would be hampered if Michel was released on bail. Significantly, the agency has said that after the extradition of Michel and the deportation of Rajiv Saxena, a co-accused, the investigation had further led to certain crucial aspects of the case including the beneficiaries who had received kickbacks through Michel.The agency has countered Michel’s claims that he was exonerated by an Italian court of all charges.The CBI has said that it was not a party to the proceedings in Italy and that the Ministry of Defence was only a civil party in Italy.

Referring to the two alleged middlemen in the case, the agency has said that while in Italy, Giuseppe Orsi and Bruno Spagnolini were charged with offences of international bribery and tax fraud pertaining to the years 2009-2010, in India, the case against the accused including Michel was on charges of criminal conspiracy, cheating, forgery, and under provisions of the Prevention of Corruption Act.

The reply states that Michel was not acquitted or discharged by Italian courts. “The judgement of the Italian court specifically states that Michel was supposed to be tried separately. He neither joined investigation nor faced trial in Italy. The proceedings in Italy got dismissed due to lack of sufficient evidence”, it said. The CBI has said that lack of evidence of the offence was not equivalent to the offence being found non-existent and as such Michel was never exonerated by Italian courts.” The proceedings in India are based on independent evidence, collected from investigation in India as well as other countries through LRs. While the Italian investigation was completed in 2013, the Indian investigation was initiated in 2013. Proceedings in Italy have no bearing on the instant case,” the CBI has said.