NEW DELHI: Delhi high court dismissed Manish Sisodia‘s bail pleas on Tuesday, saying the prosecution has made out a “prima facie case” of money laundering against the former deputy CM in the excise policy case. It can’t be ruled out that Sisodia, if released on bail, may influence witnesses and tamper with evidence as he is “an influential person in the power corridors of Delhi govt”, the court added.
Dismissing the AAP leader’s bail petition in cases lodged by ED and CBI in connection with the alleged liquor scam, Justice Swarana Kanta Sharma said, “The case at hand is a grave misuse of power and breach of public trust by the applicant who was serving as deputy chief minister of Delhi at the relevant point.”
The court pointed out that the material collected during investigation showed that Sisodia “subverted” the process of making the policy by “fabricating” public feedback to suit his “predetermined goal”.
HC said rather than genuinely take the opinion of common citizens of Delhi on the new excise policy, pre-drafted emails containing specific suggestions aligning with his own interest were sent to the feedback email address.
In a related development, a city court extended Sisodia’s judicial custody till May 31 in a money laundering case.
HC says feedback on excise policy manufactured, public voice muted
Pre-drafted e-mails with specific suggestions on the new excise policy were sent to the designated feedback email address of the excise department “under the guise of public feedback or opinion by individuals who were instructed to do so by the applicant Manish Sisodia himself”, the high court noted on Tuesday, while dismissing the former deputy CM’s bail pleas.
Justice Sharma termed it a “deceptive act that was a calculated move to create an illusion that the excise policy was formed after careful consideration of feedback received from the public…but in reality, the feedback was manufactured to justify the applicant’s decision to formulate excise policy in defiance of the expert committee report”.
The court said the alleged corruption in this case “originated from Sisodia’s desire” to create a liberal policy that would benefit select individuals in return for a substantial amount as advance kickbacks. “Excise policy decision was based on falsified inputs compromising the integrity of the decision making process. Public’s voice was rendered mute,” it underlined.
While a copy of the order is yet to be uploaded, Justice Sharma read out a few portions of the verdict and noted that Sisodia’s plea doesn’t pass the “triple test” for bail under prevention of corruption act or the conditions required for release under the stringent PMLA.
The court highlighted that Sisodia had failed to produce his two mobile phones which he had been using at the time, claiming they were damaged or not traceable. “Hence the possibility of tampering with evidence on his release on bail can’t be ruled out,” the court said, adding that since he was deputy CM and held 18 portfolios, it shows “he was a very powerful person”. HC added that several govt officials have testified against Sisodia who may influence these witnesses if released on bail.
On claims of delay in trial by Sisodia’s legal team, the court said there has been no delay on the part of the prosecution to supply documents to the accused and, similarly, there has been no delay on the part of the trial court. “No fault can be found with ED or CBI as there is a voluminous record of investigation,” HC said but recorded the “insistence” of the accused, including Sisodia, to physically examine voluminous documents as one of the reasons for delay.
HC said it can independently apply its mind to the facts of the case and decide the bail application, and that the argument of the senior counsel for Sisodia that this court cannot go beyond the observations made by Supreme Court, while earlier denying bail to the AAP leader, is meritless. It, however, directed that Sisodia can continue to meet, in custody, his ailing wife every week on the same terms and conditions as provided by the trial court.
Dismissing the AAP leader’s bail petition in cases lodged by ED and CBI in connection with the alleged liquor scam, Justice Swarana Kanta Sharma said, “The case at hand is a grave misuse of power and breach of public trust by the applicant who was serving as deputy chief minister of Delhi at the relevant point.”
The court pointed out that the material collected during investigation showed that Sisodia “subverted” the process of making the policy by “fabricating” public feedback to suit his “predetermined goal”.
HC said rather than genuinely take the opinion of common citizens of Delhi on the new excise policy, pre-drafted emails containing specific suggestions aligning with his own interest were sent to the feedback email address.
In a related development, a city court extended Sisodia’s judicial custody till May 31 in a money laundering case.
HC says feedback on excise policy manufactured, public voice muted
Pre-drafted e-mails with specific suggestions on the new excise policy were sent to the designated feedback email address of the excise department “under the guise of public feedback or opinion by individuals who were instructed to do so by the applicant Manish Sisodia himself”, the high court noted on Tuesday, while dismissing the former deputy CM’s bail pleas.
Justice Sharma termed it a “deceptive act that was a calculated move to create an illusion that the excise policy was formed after careful consideration of feedback received from the public…but in reality, the feedback was manufactured to justify the applicant’s decision to formulate excise policy in defiance of the expert committee report”.
The court said the alleged corruption in this case “originated from Sisodia’s desire” to create a liberal policy that would benefit select individuals in return for a substantial amount as advance kickbacks. “Excise policy decision was based on falsified inputs compromising the integrity of the decision making process. Public’s voice was rendered mute,” it underlined.
While a copy of the order is yet to be uploaded, Justice Sharma read out a few portions of the verdict and noted that Sisodia’s plea doesn’t pass the “triple test” for bail under prevention of corruption act or the conditions required for release under the stringent PMLA.
The court highlighted that Sisodia had failed to produce his two mobile phones which he had been using at the time, claiming they were damaged or not traceable. “Hence the possibility of tampering with evidence on his release on bail can’t be ruled out,” the court said, adding that since he was deputy CM and held 18 portfolios, it shows “he was a very powerful person”. HC added that several govt officials have testified against Sisodia who may influence these witnesses if released on bail.
On claims of delay in trial by Sisodia’s legal team, the court said there has been no delay on the part of the prosecution to supply documents to the accused and, similarly, there has been no delay on the part of the trial court. “No fault can be found with ED or CBI as there is a voluminous record of investigation,” HC said but recorded the “insistence” of the accused, including Sisodia, to physically examine voluminous documents as one of the reasons for delay.
HC said it can independently apply its mind to the facts of the case and decide the bail application, and that the argument of the senior counsel for Sisodia that this court cannot go beyond the observations made by Supreme Court, while earlier denying bail to the AAP leader, is meritless. It, however, directed that Sisodia can continue to meet, in custody, his ailing wife every week on the same terms and conditions as provided by the trial court.