Poor Strategy To Attack Law Officer: SC Expresses Displeasure Over Abhishek Singhvi's Arguments While Seeking Bail For Manish Sisodia, Reserves Verdict
While hearing the bail pleas of Aam Aadmi Party (AAP) leader and former deputy chief minister Manish Sisodia in the excise policy scam cases, the Supreme Court expressed displeasure over targeting of the law officer and investigating officers during the hearings.
Terming it as "poor strategy," the Court asked the Senior Counsel appearing for Sisodia to attack the prosecution and not the prosecutor.
After hearing the matter at length, the Bench of Justice BR Gavai and Justice KV Viswanathan today also reserved verdict in the bail pleas.
During the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for Sisodia, in his rejoinder submissions contended, "I have regret to say, that the arguments given by the officers of the prosecution are purely a sham, not raised ever earlier, in the High Court, Trial Court have been raised today in this court to defeat any interim release."
Opposing ED's submission that Sisodia should be relegated back to the Trial Court, Singhvi argued, "Today the arguments made were completely based on prejudice and completely devoid of merits. Never raised in any court, just to prejudice your Lordships and to delay my incarceration." He also argued that Sisodia has spent half of the minimum possible incarceration.
The Senior Counsel argued that the High Court and the Trial Court have already taken a view in the case and it would be completely "futile" to go back. Singhvi contended, "I regret to say, this matter does not behove of a prosecution, or of the law officer to make an argument at all. I can understand them giving instructions to make it."
Expressing displeasure, Justice Viswanathan said, "Dr. Singhvi, no, please don't attack law officers. It's a poor strategy to attack the prosecutor. You attack the prosecution; don't attack the investigating officers."
"I am attacking those who are instructing," Singhvi said in his defence.
Justice Gavai further said, "We do not appreciate the practice of attacking each other, either side."
Thereafter, the Bench proceeded to reserve order in the AAP leader's bail pleas.
Yesterday, the ED had told the Court that the agency has traced 45 crores, and there is digital evidence to support it.
Earlier, on July 29, the ASG had objected to the second Special Leave Petition (SLP) challenging the same impugned order. Raju had submitted, "I will be filling a counter in a day or two, in the ED case. I have two preliminary objections; this is the second SLP challenging the same impugned order...One has to go before the trial court first."
On July 16, the Court had issued notice in the AAP leader's pleas. Earlier, Justice PV Sanjay Kumar had recused from hearing Sisodia's SLP. Pertinently, on June 4, the Court had disposed of Sisodia's bail plea with liberty to revive the prayer after a final complaint or charge sheet was filed in the case.
It is also to be noted that on May 21, the Single-Judge Bench of Delhi High Court had dismissed Sisodia's bail plea in CBI and ED cases related to the Delhi excise policy scam. The Bench of Justice Swarana Kanta Sharma had observed that there has been no delay in the supply of documents or by the Trial Court.
The Court had remarked that "justice hurried may lead to justice buried," as mentioned in the Apex Court's recent judgment in Sunita Devi v. The State of Bihar & Anr. On merits, the Single-Judge Bench opined, "The applicant, Manish Sisodia, was involved in the destruction of mobile phones...was responsible for 18 portfolios...is a senior leader of the Aam Aadmi Party...is an influential person.."
On May 8, the Court had granted ED and CBI more time to file reply in the matter. Earlier, on May 3, the Court had issued notices to the two agencies asking them to file their replies. In the High Court, Sisodia had challenged a Trial Court’s April 30 order in which his bail petitions were dismissed on the ground that the stage was not right for granting bail to Sisodia. The Court had continued the interim relief earlier granted to Sisodia by the trial court to meet his ailing wife once a week in custody during the pendency of the pleas. The Trial Court dismissed Sisodia's bail pleas in the corruption and money-laundering cases lodged by the CBI and ED, respectively, in connection with alleged irregularities in the formulation and execution of the now-scrapped Delhi excise policy for 2021–22.
The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies have alleged. According to the CBI and ED, which are probing the cases against Sisodia, irregularities were committed while modifying the excise policy and undue favours extended to the licence holders.
In the April 30 order, the Special Judge had denied the relief, saying the stage was not right for granting bail to Sisodia. The Aam Aadmi Party (AAP) leader was arrested by the CBI on February 26, 2023, for his alleged role in the "scam". The ED had arrested the former Deputy Chief Minister in a money-laundering case stemming from the CBI FIR on March 9, 2023.
Sisodia resigned from the Delhi cabinet on February 28, 2023. The High Court had dismissed Sisodia's bail pleas in the CBI and the ED cases on May 30 and July 3 last year. On October 30, 2023, the Supreme Court refused to interfere with the High Court's order, saying the allegation levelled by the probe agencies that "windfall gains" of Rs 338 crore were made by a few wholesale liquor distributors was "tentatively supported" by material and evidence. The Delhi government implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.
Cause Title: Manish Sisodia v. Directorate of Enforcement & Another connected matter [SLP (Crl) No. 8781/2024 & SLP (Crl) No. 8772/2024]