ED Opposes Manish Sisodia's Bail In Delhi Excise Scam, Says Delay In Trial Caused By Accused Persons Not Prosecution

The Enforcement Directorate on Saturday opposed the bail plea moved by Aam Aadmi Party leader Manish Sisodia in the money laundering case connected to the alleged liquor policy scam. 

Special CBI judge Kaveri Baweja of Rouse Avenue Courts was hearing the second regular bail plea moved by Sisodia.

Sisodia is presently in judicial custody. He was denied bail by the trial court, Delhi High Court and the Supreme Court in both ED and CBI cases.

The Supreme Court had also dismissed Sisodia's review petitions against the denial of bail. His curative petitions have also been dismissed.

Special counsel Zoheb Hossain appearing for the central probe agency said that there was a delay in trial of the case by the accused persons and not the prosecution.

“It will be a weighty factor that if at all there has been any delay, it is at the instance of the accused persons and not the prosecution,” he said.

Hossain made submissions on the aspect of delay in trial as Senior Advocate Mohit Mathur argued on the same on behalf of Sisodia.

While denying bail to Sisodia, the Supreme Court gave him liberty to move a fresh application for bail before the trial court in case of change in circumstances, or in case the trial is protracted and proceeds at a snail's pace in next three months.

Hossain said that the trial has not been delayed by the prosecution in any manner or that it is proceeding at snail's pace.

He further said that a total of 95 “frivolous applications” were filed by various accused persons, including 6 by Sisodia, which were dismissed by the court. He said that such dismissal plays a crucial role in the time being consumed.

“This is only to show that one accused or the other along with the nature of the applications demonstrates that there was a concerted effort on behalf of accused persons to ensure that trial does not commence,” Hossain said.

He added: “According me, disposing of 95 applications is by no measure a snail's pace.”

Hossain also said that as per his understanding, the trial court has been directed by the Supreme Court to consider the application on merits of the case completely de novo.

On merits, Hossain said that Sisodia was responsible for the liquor policy which was drafted by many accused persons with a sole purpose to establish laundered proceeds of crime and increasing the wholesale profit from 5 to 12 percent.

“The kickback alone is not the proceeds of crime in this case. Wholesale profits is the proceed of crime because it was derived from the criminal activity. Entire wholesale profit, which is difference between 12 and 5 percent, which is 338 crores would be the proceeds of crime,” he said.

He added that Vijay Nair was acting under the directions and with complete confidence of Sisodia and other top leaders of AAP.

“Vijay Nair was not an ordinary worker of AAP but was a close associate of Chief Minister Arvind Kejriwal and closely interacted with Sisodia,” he said.

The matter will now be heard on Wednesday. 

Background

Manish Sisodia was first arrested by CBI and ED on February 26 and March 9 last year respectively.

In the FIR registered by the CBI, Sisodia and others have been accused of being instrumental in 'recommending' and 'taking decisions' regarding the 2021-22 excise policy, “without the approval of competent authority with an intention to extend undue favours to the licensee post tender”.

The central agency has also claimed that the AAP leader was arrested because he gave evasive replies and refused to cooperate with the investigation, despite being confronted with evidence.

On the other hand, the Enforcement Directorate has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM). 

The agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers. Nair was acting on behalf of Delhi chief minister Arvind Kejriwal and deputy chief minister Manish Sisodia, according to the agency.

Sisodia's bail applications in both cases were rejected by Special Judge MK Nagpal (now transferred) on March 31 and April 28 last year. The Delhi High Court then denied bail to Sisodia in both cases after which he approached the Supreme Court challenging both these verdicts.

On October 30 last year, the Supreme Court refused to grant bail to the former Delhi deputy chief minister.