New Delhi, Apr 16 (PTI) A Delhi court on Wednesday pulled up Tihar Jail authorities for allegedly keeping Christian Michel James, an alleged middleman in the Agustawestland case, with an accused who got 41 punishments for misconduct inside the prison “in total disregard to his life and safety”.

Special judge Sanjeev Aggarwal also asked why an “appropriate action” should not be taken against authorities concerned for not providing a table fan to james despite its order, and said even in zoological parks, exotic animals were provided air conditioning.

The Supreme Court on February 18 granted bail to James in the CBI case subject to the trial court’s conditions and the Delhi High Court on March 4 gave him the relief in the ED case and said necessary bail riders be imposed on him.

British national James, however, on March 7 offered to “finish his sentence” and leave India instead of walking out on bail owing to “security risks”.

On Wednesday, Judge Aggarwal sought a status report from the jail authorities on the issue by April 29, the next hearing.

The court passed the directions on the submissions made by James’ counsel, who claimed that jail authorities kept “such a desperate criminal” in the isolation block, shared only by James and Shahnawaj.

The counsel said authorities had reported 41 punishments against Shahnawaj since 2020 till now over misconduct inside the prison.

The counsel said Shahnawaj was “deliberately kept in the isolation ward only shared by James at the relevant time in order to eliminate him (James)”.

On April 3, James in court claimed “attempts made to poison him” inside the prison.

“In view of the said serious allegations made by the accused James in his earlier application and the fact that the attention of this court has been drawn… Superintendent jail concerned is directed to appear in person in the court to explain as to how such a desperate criminal, having so many punishments against him even in jail could be kept in the isolation ward, only being shared by high risk foreign prisoner James in such an important and sensitive case, i.e., present case in total disregard to his life and safety,” the judge said.

The court also called for a report from the DG (prisons), Tihar, New Delhi on the issue.

The jail superintendent was also directed to provide a table fan to James, observing it was not allowed by the authorities despite court’s order.

“This conduct of the superintendent jail concerned cannot be countenanced, as it is sad to observe that even in zoological parks, exotic animals are kept in air conditioning to save them from scorching heat and this simple facility is not being provided to a human being albeit a prisoner, who is still an under trial, who has all his rights of life and liberty fully intact under Article 21 (light to life) of the Constitution of India, who is not even being provided with a simple table fan to beat the sweltering heat of Delhi, where the temperature is already hovering around 42 degree celsius,” the judge said.

The court’s direction came especially considering the fact that James “comes from cooler climes of England” and is not used to hot weather as he has claimed previously.

“The superintendent jail concerned is expected to be more humane, and is consequently directed to provide a table fan immediately to the James from the date of receipt of this order, without further delay and to file an explanation in writing on the next date of hearing as to why the said accused has not been provided with the table fan despite the order(s) of this Court in this regard and also to show cause why appropriate action be not taken against him, as per law,” the judge said.

James was extradited on December 4, 2018 from Dubai, where he spent four months in custody.

Probe agencies had reported irregularities in the purchase of 12 VVIP helicopters from Italian manufacturing company AgustaWestland.

He is among the three alleged middlemen being probed in the case and the other two are Guido Haschke and Carlo Gerosa.

The CBI, in its chargesheet, alleged an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.

The ED chargesheet filed against James in June 2016 alleged he received 30 million euros (about Rs 225 crore) from AgustaWestland. PTI UK UK AMK AMK