If a person is a Foreign National can Personal Liberty be denied

The counsel for the petitioner Advocate Aljo K. Joseph submission was made by him that the petitioner’s case was covered under section 436 A of the Crpc and he has almost completed his maximum sentence which is of 5 years for such offence which the petitioner is been alleged with, the counsel also contended that the investigation has been going on since nine years and still it is not completed.

Words said by him: that he has completed four years, but the maximum punishment for the offence he is accused of is 5 years of imprisonment, the main highlight of the accused was that any person who was alleged in the same offence, had been granted bail by the court except Michel. He also alleged that his detention was illegal and is against the norms of International Human rights principles.

ASG. SV Raju, who appeared for ED further submitted that section 21 of the Extradition Act needs to be read with India’s extradition treaty which India had with UAE, section 21 says that when any person is returned by any foreign state then that particular person cannot be tried for the offence in India other than the extradition offence in respect of which he was surrendered.

Oral remark given by the CJI Chandrachud: that the accused Michel has already been put in jail for more than four years just the reason that he is a foreigner, and if he would be Indian, then would have been granted bail.

Michel was the foreigner who was arrested in 2018 December after being extradited from Dubai, he was titled as a Middleman for the alleged illegal transactions that were done in the scam of the VVIP chopper, The CBI made allegations that there was a loss of Euro 398.21 million approx 266 crore. The deal was signed on February 8, 2010 for the VVIP choppers worth 556.262 million Euro. ED thus filed charge sheet against Michel in June 2016 and alleged that he had received EUR 30 million approximately 225 crores from AgustaWestland.