Today(on 15th April), Delhi court postpones Manish Sisodia’s bail hearing for the fourth time, drawing objections from his counsel over his year-long incarceration in the Delhi excise policy case.
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DELHI: Today(on 15th April), The bail hearing for Manish Sisodia, a detained Aam Aadmi Party (AAP) leader, has been adjourned once again by a Delhi court. This marks the fourth postponement, with the hearing rescheduled for April 20.
Advocate Vivek Jain, representing Sisodia, presented his argument before Judge Kaveri Baweja, highlighting that his client has been incarcerated for more than a year since his arrest in the Delhi excise policy case.
Jain expressed his exasperation with the frequent adjournments, stating-
“This is becoming endless. The Supreme Court has stated… We filed the application in February. The case has been adjourned four times. The applicant has been in jail for over a year.”
Despite these arguments, the court opted to postpone the hearing once more, much to the disappointment of Sisodia’s counsel. Jain remained steadfast in his position, describing the decision as “utterly unjust.”
Sisodia has been detained since February 26, 2023, and is presently under scrutiny by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) regarding the Delhi excise policy case. The case pertains to accusations of collusion among certain Delhi government officials to award liquor licenses to preferred traders in exchange for bribes. Additionally, it is alleged that these officials manipulated the excise policy to favor specific liquor vendors.
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Sisodia’s bail plea was previously rejected by the Supreme Court on October 30, 2023. However, the apex court explicitly stated that he could submit a fresh bail plea if the trial proceeded at an unreasonably slow pace. Jain referenced this observation and contended that Sisodia should not remain incarcerated indefinitely while awaiting trial.
He emphasized the Supreme Court’s concern regarding prolonged detention, stating-
“Ultimately, the SC expresses worry about prolonged imprisonment… The SC asserts that an individual cannot be subjected to punishment before trial. Indefinite detention is not permissible. This argument was upheld by the SC. The court acknowledges our stance… That aspect was ruled in our favor.”
The CBI has now accused Sisodia of being the mastermind behind the alleged Delhi Excise scam. The CBI counsel argued that this was Sisodia’s second bail application and that he needed to present new evidence to support his plea.
The counsel stated-
“In summary, there are three key points: parity, speedy trial, and the third is the triple test. We have submitted a document addressing all these aspects… He (Sisodia) is alleged to be the mastermind behind the case. The CBI has not caused any delays in the proceedings.”
The CBI also contended that Sisodia, as the “architect” of the Delhi liquor policy, should not be granted bail based on the principle of parity with other accused individuals in the case.
The CBI counsel emphasized-
“The principle of parity does not apply to him. He is the primary architect of the entire policy.”
Meanwhile, Zoheb Hossain, the special counsel representing the Enforcement Directorate (ED), argued that the now-defunct Delhi excise policy was formulated with the aim of generating illegal profits, extending even to future generations.
Hossain noted-
“His bail plea has been rejected by the Supreme Court. The SC has determined that the proceeds of crime in this case amount to Rs. 338 crores. The policy was altered without any research or calculations… It was intended to serve as a perpetual means of gaining illegal profits… This policy was designed to secure profits not only for the present but also for future generations.”
Hossain also claimed to have evidence suggesting that Sisodia met with a liquor lobby known as the “South group,” which allegedly sought to exploit the gaps in the now-defunct Delhi Liquor Policy.
He stated-
“We have documentation, including bills from the Oberoi hotel, indicating a meeting with the South Group. A 36-page draft of the excise policy was produced.”
In response to the court’s query about the draft, Hossain clarified that they did not possess the physical document but had statements corroborating its existence. He further mentioned that some of the co-accused individuals had become approvers, and they had statements from C Aravind, who received the document from Sisodia at the Chief Minister’s house.
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Hossain further accused Sisodia of participating in the destruction of evidence. He asserted that Sisodia claimed his phone was damaged but was unable to account for the whereabouts of his previous phone.
Hossain alleged-
“According to one statement, it appears that Sisodia destroyed the old draft cabinet note to prevent anyone from accessing it.”
The Enforcement Directorate had previously asserted that any delays in the progress of the trial were attributable to Sisodia. The agency placed the blame on him for hindering the proceedings.
In a related matter, Sisodia has filed another plea seeking interim bail to campaign for the Aam Aadmi Party (AAP) during the upcoming Lok Sabha polls.
This plea is set to be heard by a Delhi court on April 20.