Observations Made By Trial Court While Granting Bail To Rajesh Joshi, Gautam Malhotra Can’t Be Relied Upon By Other Accused: Delhi High Court

The Delhi High Court on Wednesday said that the observations made by the trial court while granting bail to Rajesh Joshi and Gautam Malhotra in the money laundering case connected to alleged liquor policy scam cannot be relied upon by any other co-accused person in any proceedings.

Justice Dinesh Kumar Sharma passed the order after Enforcement Directorate moved court challenging the order passed by the special judge granting bail to Joshi and Malhotra last week.

The court issued notice on the probe agency’s plea seeking cancellation of bail.

Additional Solicitor General SV Raju representing ED prayed that an order be passed so that the trial court observations must not be relied upon by any other accused in the matter.

ED has alleged that Joshi, a businessman, was an associate of Vijay Nair and was involved in channelization of the kickbacks through expenditure borne by Aam Aadmi Party in the Goa Assembly elections, 2022 through his media company namely M/S Chariot Media Pvt. Ltd.

The agency further alleged that both Joshi and Malhotra were actively involved in money laundering by way of different activities relating to the proceeds of crime like its concealment, possession, acquisition, use and projection etc.

While granting bail to Joshi, the trial court had said that he is not in the liquor business and admittedly was also not a participant in any of the meetings which allegedly took place between the other co­ accused persons or conspirators in connection with formulation of the excise policy or its implementation.

It had added that there is nothing to infer that Joshi will tamper with evidence or documents and influence the witnesses in any manner.

Furthermore, the special judge had observed that it cannot be said that Malhotra became part of the conspiracy or cartel or joined it with his free consent to commit the alleged offences in the CBI case or money laundering.

Pertinently, AAP leader and Delhi’s former deputy Chief Minister Manish Sisodia has been denied bail by the special judge in both CBI and ED cases. His bail pleas are presently pending before Justice Sharma.

ED has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12% to certain private companies. It has said that such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The agency also alleges that there was a conspiracy which was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margin to wholesalers. It was contended that Nair was acting on behalf of Sisodia.