New Delhi [India], March 18 (ANI): The Tihar Jail Superintendent on Tuesday filed a report in the Rouse Avenue Court.on the conduct of Christian Michel James, the accused in Agusta Westland VVIP chopper scam, during his six-year judicial custody.
The report stated that no punishment was recorded during his judicial custody and since James had not been convicted, so he is not entitled to any remission.
After taking the report of jail authorities on record, Special CBI judge Sanjeev Aggarwal disposed of James’ application.
The report was filed in response to a March 12 application filed by James, seeking to check his eligibility for a remission on account of his conduct in prison. Remission refers to the reduction of the length of a sentence, particularly on grounds of good conduct.
He had sought access to report on his conduct during judicial custody in Tihar Jail. It is stated that his conduct was satisfactory during his custody.
Advocate Aljo K Joseph and M S Vishnu Sankar appeared for James.
It was argued that James has completed the maximum sentence he can be punished with, including the remission. He is entitled to six months’ remission.
It was submitted that a rule included in Jail rules in 2022 entitled an under-trial prisoner to remission.
Earlier, Rouse Avenue court on March 12 called for a report from Jail Authorities on a plea moved by Christian Michel James on his conduct in judicial custody for last six years. Special CBI judge Aggarwal had directed Director General (DG) prison to file a consolidated conduct report.
James was recently granted bail in a CBI and money laundering case.
Advocate Aljo K Joseph and Vishnu Sankar Haf had argued that it was the duty to file a conduct report to the court after completion of one third of his of maximum sentence which is seven year in this case.
The court asked, “How can you say that his maximum sentence would be seven years only?” Section 467 of IPC has also been added by the CBI, the court added.
Counsel for accused submitted that a person can be tried only for the offences for which he has been extradited as per Extradition treaty. Section 467 of IPC was not in the extradition request.
In this, section 420 of IPC has the maximum sentence, which is seven years, counsel added.
It is submitted that, according to jail rules, if the accused’s conduct is good, he is entitled to one month’s remission for each year.
James was extradited from Dubai on December 4, 2018. Before that, he was in custody in Dubai for four months. (ANI)
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