Sisodia's party colleagues making factually wrong claims to influence probe: CBI in Delhi HC

New Delhi [India], April 20 : The Central Bureau of Investigation (CBI) on Thursday opposed the bail plea moved by Delhi's former deputy chief minister Manish Sisodia stating that his party colleagues holding high ranks in government and were making factually wrong claims to influence the investigation.
"The applicant (Sisodia) enjoys a nexus with the executive, offices and bureaucrats and his influence and clout are evident. His party colleagues, holding high ranks, continue to make factually wrong claims in order to influence the investigation and also claim the applicant to be the victim of a political vendetta," CBI mentioned, opposing the bail plea.
A perusal of the said statements by these political leaders (s) during the press conferences would reveal how the entire efforts of not only the applicant but his party colleagues as a whole are to shield the accused, stated CBI.
"The statements also undermine the authority of the Special Judge (CBI), having already taken cognizance of the offences, and are being made to adversely impact the investigation by levelling unwarranted and unsubstantiated allegations against the CBI, thereby influencing and deterring the witnesses of the case," it said.
The CBI, in its reply, further stated that any release of the applicant on bail shall gravely prejudice the investigation and, more specifically, when the applicant fails to meet the 'triple test' for bail. While personal liberty is paramount, the same is not absolute but subject to reasonable restrictions, including the interest of the state and the public.
During the arguements on Thursday, Sisodia, through senior advocate Dayan Krishnan, submitted that the CBI has no evidence to show his involvement in the alleged irregularities in the framing and implementation of the government's excise policy.
His lawyer submitted that every accused in the CBI case has been released on bail, with the exception Sisodia.
"Sisodia was arrested on 26.02.2023 which is more than six months after the registration of FIR in the matter. During the entirety of the said investigation in the six months before the arrest of the applicant, there was not a single instance where the applicant extended any threat to any witness," the lawyer submitted.
Sisodia (applicant), in his bail plea, stated that the possibility of a threat to witness cannot be said to arise without there being any material or antecedents of the applicant. The witnesses in this case against the applicant are primarily civil servants, over whom the applicant exercises no control, especially now since he has resigned from his official post.
After the conclusion of the submission arguements made by Sisodia's lawyer, the bench of Justice Dinesh Kumar Sharma fixed April 26 as the next date for hearing arguements of the CBI.
Earlier, the Delhi HC had issued notice to CBI on a bail plea moved by Sisodia challenging a trial court order denying bail to him in a CBI case related to the now-withdrawn excise policy.
Sisodia was arrested by the CBI on February 26, and is presently in judicial custody. His bail plea was on March 31 by the trial court in the case.
The trial court, while dismissing Sisodia's bail plea, said, "The court is not inclined to release him on bail at this stage of investigation of the case as his release may adversely affect the ongoing investigation and will also seriously hamper the progress."
According to the CBI, Sisodia had played the most important and vital role in the criminal conspiracy and 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.
The payment of advance kickbacks of around Rs 90-100 crores was meant for him and his other colleagues in the GNCTD and Rs 20-30 crores out of the above were found to have been routed through the co-accused Vijay Nair, Abhishek Boinpally and approver Dinesh Arora and in turn, certain provisions of the excise policy were permitted to be tweaked and manipulated by the applicant to protect and preserve the interests of South liquor lobby and to ensure repayment of the kickbacks to the said lobby, stated the CBI.
Sisodia was arrested by CBI and ED in an ongoing investigation related to alleged irregularities in the framing and implementation of the excise policy of the Government of the National Capital Territory of Delhi.
Earlier, the trial court noted that the accused had joined the investigation of this case on two earlier occasions, but had failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation, thus, failing to legitimately explain the incriminating evidence which allegedly surfaced against him during the investigation.