Excise scam case: Court reserves order on Manish Sisodia's bail, will pronounce order on April 26
Apr 18, 2023
New Delhi [India], April 18 : The Rouse Avenue Court on Tuesday reserved the order on Delhi's Former Deputy Chief Minister Manish Sisodia's bail petition in connection with the Enforcement Directorate (ED), probing the alleged excise scam.
The Special Judge MK Nagpal on Tuesday decided to reserve the order on the bail plea of Manish Sisodia and fixed April 26 for the pronouncement of the order.
Appearing for Manish Sisodia, Senior Advocate Dayan Krishnan submitted that it is not the job of the ED to tell what happened in the GoM and the cabinet, the job of the ED should be to tell that if any crime was committed, and who benefited from it.
The lawyer argued that Sisodia cannot be kept in custody only on the basis of speculations.
Manish Sisodia's lawyer submitted that no money laundering case is made out against him.
Enforcement Directorate has also opposed the bail plea and said, "an illegal ecosystem was created in view to give illegal benefits to liquor cartels to get kickbacks".
Appearing for ED, Zohaib Hossain submitted before the Court that all the elements of conspiracy are present here in the matter. Conspiracy is hatched in secrecy, the policy made in the public domain, submitted ED lawyer and also said every process of activity dealing with proceeds of crime is money laundering.
ED's lawyer further alleged that Sisodia played a key role in modifying and implementing the modified policy.
"We have proof that the policy was modified without any deliberation and discussion. And we also have sufficient statements from various concerned persons to show that the profit margin increased from 6 per cent to 12 per cent was meant as kickbacks," ED said in the court.
"In the matter, the expert committee suggested that individuals will apply and they will get two retail vends. This was to avoid cartelisation. This was supposed to happen through the lottery system but Manish Sisodia preferred the limited entity model," the central agency said.
ED further asked that, if the policy was genuine, why were emails planted by Manish Sisodia in favour of the policy? Emails were planted through Minority Commission Chairman. Sisodia got emails planted on the mail address of excise depth which was the same address where the public comments were sought obverse the policy. Fabricated emails to show public approval for a policy. "This is a sham approval," ED alleged.
On Sisodia's wife's health, ED submitted that other people and family were taking care of his wife for a long.
"While he was holding 18 portfolios and was holding public meetings, there were other people attending to his wife. The humanitarian ground can't be used here," ED's counsel said.
Earlier, appearing for Manish Sisodia, Advocate Vivek Jain argued that no PMLA case has been made against him. "Section 45 of PMLA would come against me only if an offence under Section 3 is made out," Sisodi said, through his lawyer.
"ED's reply opposing my bail doesn't even show I have concealed any proceeds of crime or acquired any proceeds of crime, or I projected proceeds of crime. Not a single rupee has come into my account or my family's account. They have raided my home, and they have checked my bank accounts. They even have gone to my native place," Advocate Vivek Jain argued.
Manish Sisodia was physically produced before the Court on Tuesday during the arguements of his bail plea.
The Rouse Avenue Court was hearing a bail plea of Delhi's former Deputy Chief Minister Manish Sisodia in a money laundering case pertaining to alleged irregularities in the framing and implementation of the excise policy of GNCTD.
The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.
Sisodia was arrested by the ED case in the liquor policy case on March 9, 2023.
Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the now-scrapped excise policy of the National Capital Territory of Delhi (GNCTD).