The Supreme Court on Wednesday declined to grant bail to Christian Michel, accused in the Agustawestland chopper scam, who moved court siting age and a pre-existing bad state of health making him susceptible to Coronavirus  infection than any other prisoner with normal health.

Upholding the Delhi High Court’s decision,  the top court bench of Justices Sanjay Kishan Kaul and BR Gavai, rejected Michel’s interim bail.

59 -year-old Michel moved the plea citing his vulnerability to the coronavirus outbreak due to overcrowding in prison.

He was relying upon an earlier order passed by the SC on March 16, in which it  directed the states and union territories to take steps to avoid spread of Covid-19 in prisons. And on March 23  the apex court directed all the state governments and UT administrations to set up high powered committees to determine the whether the prisoners are fit to be released on parole or interim bail depending on their category.

The apex court bench, which took up the plea through video conferencing, said according to the criteria fixed by the High Powered Committee constituted by the government on the direction issued by the top court, Michel cannot be granted bail.

Michel’s lawyer Advocate Aljo K Joseph, submitted before the SC that the Delhi High Court was not correct in declining to grant him bail citing the apprehension was unfounded. Joseph contended that due to his age and overcrowding in jail, Michel is more susceptible to contract the deadly viral infection.

Earlier, on April 7, the High Court declined to entertain Michel’s bail plea stating his apprehensions, the viral infection is extremely dangerous to his health, were baseless.

The High Court had said that the apprehension of the petitioner (Michel) being infected by COVID-19 pandemic, “it may be noted that the petitioner is lodged in a separate cell with only two other prisoners and thus, is not in a barrack or dormitory where there are a number of prisons. It is not the case of the petitioner that any of the two inmates residing with him are suffering from COVID-19.”

Michel, in his plea had said that he is in judicial custody since the date of his arrest and his further incarceration, it is submitted, would amount to violation of human rights, more particularly in view of the foregoing facts, when his presence can be ensured during the trial before this court by imposing other reasonable conditions. As such, it would be far-fetched to say that he is likely to jump bail.

Michel was extradited from Dubai and was arrested by the Enforcement Directorate on December 22, 2018, and is currently lodged in Tihar Jail in connection with alleged irregularities in the chopper deal. While the CBI is probing his alleged role in the deal as a “middleman”, the Enforcement Directorate is investigating money laundering charges against him.