We Traced 45 Crores, There Is Digital Evidence: ED Tells Apex Court In Manish Sisodia's Bail Pleas In Excise Policy Case
While hearing the Bail pleas of Aam Aadmi Party (AAP) leader and former deputy chief minister Manish Sisodia in the excise policy scam cases, before the Supreme Court, Additional Solicitor General (ASG) SV Raju, appearing for CBI and ED, submitted that the agency has traced 45 crores, there is digital evidence to support it.
After hearing submissions at length, the Bench of Justice BR Gavai and Justice KV Viswanathan adjourned the hearing to next Monday, i.e. August 12.
During the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for Sisodia, submitted, "I am in custody for 17 months today." Singhvi contended, "When trial is not proceeding for reasons not attributable to the accused, the Court, unless there are good reasons, may well be guided to exercise the power to grant bail. This is particularly true when trial would take years."
The Senior Counsel submitted that three more supplementary chargesheets have been filed in May, for a total, there were nine prosecution complaints and matter still being investigated. Singhvi argued, "ED has cited 162 witnesses and filed 25,000 pages of documents. This was in October. Figures would be interesting. In July 2024, 40 persons were arraigned as accused. The CBI cited 294 witnesses, filed 31,000 pages of documents...Total of 493 witnesses, while excluding the 4th chargesheet (as cognizance was not taken). This is also not counting the digital records."
Vehemently, opposing the SLP, ASG SV Raju submitted, "My first contention is that the plea is not maintainable; they should have first gone to the trial court." Referring to the Apex Court's order, the ASG contended, "The matter was not kept alive; it was disposed of."
To this, the Bench pointed out that the order says, "Revive his prayer afresh after filing of the charge sheet."
Raju argued, "100 crores was demanded as bribe for Goa elections. We traced 45 crores. There is digital evidence....I can show WhatsApp chats, a number of things, and I have documents to show his neck-deep involvement. He (Sisodia) is not an innocent person who was picked up. Even the constitution of the group of ministers was a facade."
The ASG submitted, "He is involved in corruption running into 100 crores, by a party that has come into power, on the basis of anti-corruption... in this case thousands of consumers have been duped...He is capable of influencing witnesses; he is capable of tampering evidence. There is a prima facie case against him." Raju submitted that, as far as Sisodia is concerned, our investigation is over.
The Bench asked, "What is the stage of trial?"
To this query, the ASG responded, "He is not allowing the charges to be framed. He gives an application for inspection but does not do it for months! Further investigation need not be before trial has commenced. You can get documents/witnesses after trial has commenced. Chargesheet has been filed, they are still looking at papers. 5 months for inspection of documents which are not relevant..We are entitled to file further complaint...further investigation may be required in 3-4 contingencies."
"Further investigation has nothing to do with the trial. It does not delay the trial," the ASG added.
Taking note of the submissions, the Court adjourned the matter for further hearing on August 12.
Pertinently, 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/chargesheet is 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]