Probe agencies oppose Manish Sisodia's bail plea in Excise policy case
Aug 05, 2024
New Delhi [India], August 5 : The Enforcement Directorate and Central Bureau of Investigation on Monday opposed AAP leader Manish Sisodia's bail plea in the liquor policy alleged irregularities case and submitted before the Supreme Court that he is neck-deep involved in the alleged scam.
Additional Solicitor General SV Raju, appearing for the probe agencies made these submissions before BR Gavai and KV Viswanathan.
ASG Raju said that one cannot arbitrarily increase the profit margins without reason. He added that Sisodia is not an innocent person picked up for political reasons but he is neck-deep in the scam. He further added that there is evidence pointing to his involvement. He further said that he was Deputy Chief Minister with 18 portfolios and responsible for all cabinet decisions.
However, the top court remarked that the prima facie guilt aspect may not be correct as even the chargesheet is arguably based on suspicion.
The top court also raised questions on the increase in profit margins and remarked that if such a policy decision is indicative of criminality then the elected government may face difficulty in carrying out their duties. The court then remarked that such decisions have to be contrary to public interest leading to disproportionate gains for others. The court asked where the probe agency would draw the line between policy and criminality.
However Additional Solicitor General SV Raju defended the probe agency case and said that it is just a matter of increasing profits but not accepting committee recommendations. He further said that they cannot arbitrarily increase the profit margins without reason.
Countering Sisodia's plea, ASG said that they are capable of using influence and tampering with evidence. ASG said that many families have been destroyed just because of liquor.
As the argument remained inconclusive the matter was adjourned.
The top court was hearing the Sisodia appeal challenging the Delhi High Court order that dismissed his bail plea in the cases being probed by the Central Bureau of Investigation and the Enforcement Directorate.
ED has also raised a preliminary objection on the maintainability of the Sisodia petition seeking the revival of his bail plea. Delhi's former Deputy Chief Minister Sisodia has moved the Supreme Court seeking the revival of his bail plea and complained about the delay in the commencement of trial in the excise policy case.
Earlier, Senior Advocate Singhvi apprised the top court about the June 4th order, whereby the probe agency has stated that the investigation in the excise policy case would be concluded and the final charge sheet would be filed expeditiously and at any rate on or before July 3, 2024, and immediately thereafter, the trial court will be free to proceed with a trial.
On June 4, the top court also gave him the liberty to revive his prayer afresh after filing the final charge sheet.
Sisodia now sought to revive his application, challenging the Delhi High Court order that dismissed his bail plea.
On June 4, the top court disposed of Sisodia's plea after Solicitor General Tushar Mehta submitted that the investigation would be concluded and the final charge sheet would be filed expeditiously and at any rate on or before July 3 and immediately thereafter, the trial court will be free to proceed with trial.
Sisodia sought a revival of his plea challenging the Delhi High Court's order on May 21.
In February 2023, Sisodia was arrested by the CBI for alleged irregularities in the framing and implementation of now-scrapped Delhi's new excise policy.
The policy was withdrawn amid allegations of foul play by the opposition. Sisodia is currently in judicial custody.
According to the CBI, Sisodia had played the most vital role in the criminal conspiracy and he had been deeply involved in the formulation as well as the implementation of the said policy to ensure the achievement of the objectives of the said conspiracy.