The Central Bureau of Investigation (CBI) on Saturday told a Delhi court that Manish Sisodia does not satisfy the triple test laid down by the law for grant of bail, opposing the Aam Aadmi Party leader’s bail petition. The court reserved its verdict on Sisodia’s application in the cases registered regarding the now scrapped Delhi excise policy 2021-22.
The central investigating agency opposed the bail application stating that Sisodia is an influential person and could hamper the ongoing probe.
“He does not satisfy the triple test…He is holding very powerful position in the Aam Aadmi Party (AAP) and was the deputy chief minister of Government of NCT Delhi…He destroyed his mobile phone on the day the case was registered. He was also involved in disappearance of documents as one of the file containing the old cabinet note is still missing,” public prosecutor Pankaj Gupta, appearing for CBI, said.
Gupta also said that Sisodia is not entitled on the ground of parity as he is a main accused in the case. Calling him the “mastermind behind the conspiracy”, the prosecutor said that it was based on his [Sisodia’s] direction that the offence was committed.
Read Here | Delhi excise policy case: ‘Manish Sisodia delaying trial’, alleges ED in court
Gupta added that the entire community is bearing the brunt of economic offences and cited citing former prime minister Manmohan Singh who had said that “corruption is a cancer for the society”.
After hearing the submissions, the court reserved its order on the bail application. The court is likely to pronounce its orders on April 30.
Meanwhile, Sisodia also withdrew his application, seeking interim bail to campaign for the Lok Sabha elections.
The court was arguments on the second bail application moved by Sisodia. He earlier approached the court in January, saying that he has been detained for over 11 months and has not been implicated in the alleged offence.
Senior advocate Mohit Mathur, appearing for Sisodia, had earlier argued that there has been no significant progress in the trial even though four and a half months have elapsed since Sisodia’s bail was dismissed by the Supreme Court, in October 2023, where an assurance was given that the trial will conclude within 6-8 months.
Read Here: Delhi court seeks ED, CBI response on Manish Sisodia’s bail plea in excise policy case
Mathur had also pointed out that both CBI as well as Enforcement Directorate (ED) submitted that they have completed their probe against me [Sisodia] and since Sisodia has been arrested, there has been no significant progress in the trial, and that he cannot be incarcerated indefinitely.
Opposing the bail application, the Enforcement Directorate (ED) submitted that the excise policy was an “evergreen vehicle” for illegal gains and was meant for recoupment of gains for future generations also. It was also submitted that there was no calculation done, while the policy was being formulated, to justify the increase in the wholeseller’s profit margins.
Arguing on the aspect of delay, ED said that the delay in the trial has not been caused by the prosecution but by the accused persons.
Sisodia had earlier moved a bail application before the court in ED case, which was dismissed on April 28, 2023, while his bail application in the CBI case was dismissed on March 31, 2023.
Read Here | AAP leader Manish Sisodia’s letter from Tihar jail: ‘See you soon outside’
He then approached the Delhi high court challenging the orders of the trial court, but his bail application in ED case was dismissed on July 3, 2023, and his bail application in CBI case on May 30, 2023.
He had then approached the Supreme Court. Dismissing his bail application, the apex court granted him liberty to file a fresh bail application. He also moved a review petition and curative petition against the Supreme Court order, but both the petitions were dismissed.
Sisodia was arrested by the CBI on February 26, 2023, in the predicate offence case, and when he was in judicial custody, ED arrested him on March 9, 2023.
The policy under the scanner was rolled out for the 2021-22 financial year in November 2021, marking the exit of the government from retail sale of alcohol and allowing private companies to bid for licenses. The objective, the Delhi government said, was to improve the buying experience for citizens by allowing market competition to raise standards.
But the policy was scrapped in August 2022, soon after lieutenant governor (LG) VK Saxena asked for an investigation.
Credit: Source link