In connection with the separate investigations being conducted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in respect of alleged irregularities in the Delhi Excise Policy Manish Sisodia are in jail. At the same time, Sisodia has approached the Supreme Court for bail. A bench of Chief Justice of India (CJI) Dhananjay Y Chandrachud and Justice PS Narasimha informed Sisodia that his petition filed last week has already been listed for July 17 by the Registry.
Constitution bench accepts Sisodia’s appeal
Here, senior advocate Abhishek Manu Singhvi, appearing for the former Deputy CM of Delhi, requested to extend the hearing till Friday citing his wife’s ill health. “The wife of the petitioner is not well. The woman has been admitted to the hospital for the second time. I am demanding an urgent hearing on 14th July. The bench accepted the request and extended the date of hearing.
Sisodia reached the Supreme Court after being rejected by the High Court
Sisodia had approached the top court against two separate orders of the Delhi High Court rejecting his bail. On 3 July, the HC denied him bail in the ED case, while in an earlier order of 30 May, he was denied bail in the CBI case.
Sisodia’s lawyer gave his arguments
Sisodia, in his plea, filed through advocate Vivek Jain, told the top court that the chargesheet has already been filed by the CBI, where the charges against him carry a sentence of imprisonment of not less than seven years. He told that the other co-accused are already out on bail. Even in the ED case, Sisodia said the investigation conducted so far has not revealed any proceeds of crime alleged by him, and in the absence of any evidence to link him to the alleged money laundering, he Bail should be given.
Why did the High Court refuse to grant bail?
In its order dated July 3, a bench of Justice Dinesh Kumar Sharma of the Delhi High Court said the case against Sisodia passed the “triple test” for bail as well as the dual bail conditions laid down under Section 45 of the Prevention of Money Laundering Act. does not meet the (PMLA).
Sisodia’s argument
The triple test referred to by the High Court allows an accused to be released on bail if it meets three parameters – the accused is not a flight risk, does not influence witnesses and will not tamper with evidence. Further, for offenses under PMLA, bail can be granted under section 45 if the court prima facie believes that the accused is not guilty of the offense and is not likely to commit any offense while on bail.
The court had denied him bail by a detailed order on April 28.
Prior to the HC order, the trial judge had also denied him bail by a detailed order on April 28. The Trial Court had observed that on the basis of the evidence collected so far, it can be clearly inferred that the applicant (Sisodia) was involved in generating proceeds of crime of approximately Rs 100 crore in the form of bribe, which was paid ” “South Lobby” to co-accused Vijay Nair, who is in charge of communications for AAP.
Refusal to grant bail in CBI case
While refusing bail in the CBI case, the HC said that due to the high political positions of the accused and his position in the party in power in Delhi, the possibility of influencing witnesses cannot be ruled out. The CBI arrested Sisodia on February 26 following an FIR registered in August 2022 under Section 120B (criminal conspiracy) of the Indian Penal Code read with Section 477A (fudge of accounts) and Section 7 (illegal gratification) of the Prevention of Corruption Act. did. Irregularities in the formulation and implementation of the Excise Policy of Delhi for the year 2021-22.
The case was registered on the orders of LG.
The CBI probe into the Delhi excise matter was ordered in July on a complaint by Lieutenant Governor Vinay Kumar Saxena, where he sought a detailed probe into the change in rules to benefit certain individuals and liquor traders. There were also suggestions that people in power were being bribed and this was known to Sisodia, who was in charge of the excise department. It was under him, the excise policy for 2021-22 was introduced in November 2021. The policy earned the Delhi government ₹ 8,919.59 crore, which is estimated to be 27% more than the base price bids at which the licenses were awarded.
Explainer: Why is the ‘Bastille Day Parade’ special for India? Know complete history in 10 points t)cbi
