The Supreme Court Bench of Justice BR Gavai and Justice KV Viswanathan adjourned the hearing to next Monday, i.e. August 12
![[Breaking] ED Reveals Rs 45 Crores Traced and Digital Evidence in Manish Sisodia's Bail Plea Before Supreme Court](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/image-56.png?resize=820%2C491&ssl=1)
NEW DELHI: Today (5th Aug): Aam Aadmi Party (AAP) leader Manish Sisodia, the Enforcement Directorate (ED) has presented new claims before the Supreme Court as part of Sisodia’s bail pleas related to the controversial Delhi excise policy case. During the today’s hearing, the ED asserted that they have traced Rs 45 crores and possess substantial digital evidence implicating Sisodia.
READ ALSO: [Breaking] Manish Sisodia’s Judicial Custody Till July 26: Delhi Court
The Supreme Court Bench of Justice BR Gavai and Justice KV Viswanathan adjourned the hearing to next Monday, i.e. August 12
During the proceedings, the Bench of Justices BR Gavai and KV Viswanathan commented that if an increase in profit due to a policy decision were considered criminal, it could hinder the functioning of elected governments.
Justice Viswanathan questioned, “If an increase in profit margin from 5% to 12% alone could imply criminality, how can we distinguish between policy decisions and criminal actions? For a prima facie finding, isn’t more required to show actions contrary to public interest? Otherwise, how can cabinets function?”
Additional Solicitor General (ASG) SV Raju, representing the ED, responded that the case goes beyond mere profit increases.
Raju asserted,
“This case involves more than just a profit margin adjustment. We have substantial evidence indicating that Sisodia is deeply involved in a scam. It includes not only ignoring committee recommendations but also his involvement in the excise policy and meetings with liquor barons. Evidence such as G.O. minutes has been uncovered. This is not a fabricated case; it’s a sophisticated scheme where profit margins were increased arbitrarily and licenses were awarded without tenders. Sisodia’s involvement is well-supported by evidence and not merely a political issue.”
The hearing is scheduled to resume on August 12, with the ED expected to finalize its submissions.
In concluding remarks, the Court addressed the ED’s counsel, stating,
“Consideration for court time is essential. For settled matters, extensive reading of judgments is unnecessary. You assured a 75-minute presentation but took 120 minutes. Our court values the contribution of junior lawyers, and if this continues, it might extend through the week.”
Senior Advocate Abhishek Manu Singhvi represents Sisodia, while Additional Solicitor General (ASG) SV Raju represents the ED and CBI.
During today’s proceedings, Senior Advocate Abhishek Manu Singhvi, representing Sisodia, stated, “I have been in custody for 17 months today.”
Singhvi argued that if the trial is not advancing due to factors beyond the accused’s control, the Court should consider granting bail, especially if the trial could take years.
Singhvi noted that the ED had cited 162 witnesses and submitted 25,000 pages of documents as of October, while the CBI had cited 294 witnesses and submitted 31,000 pages of documents.
Singhvi emphasized that Sisodia’s involvement is alleged to be significant, with digital records and a large volume of evidence.
Countering Singhvi’s arguments, ASG SV Raju contended that the plea is not maintainable and should have been first addressed by the trial court. He argued that the Supreme Court’s order was final and not open to revival.
Raju also claimed that there is substantial evidence, including WhatsApp chats and other documents, demonstrating Sisodia’s involvement in a major corruption case. He asserted that Sisodia could influence witnesses and tamper with evidence, and that the investigation is complete.
The Bench inquired about the trial’s status, to which ASG Raju responded that Sisodia is obstructing the charges from being framed and delaying document inspection. Raju claimed that further investigation does not affect the trial’s progress.
The Court took note of the submissions and adjourned the matter to August 12. Previously, on July 29, ASG Raju had raised preliminary objections to a second Special Leave Petition (SLP) challenging the same order, arguing that the trial court should have been approached first.
The Supreme Court had issued notices on July 16, and Justice PV Sanjay Kumar had recused from the case earlier.
Background
Sisodia has been in custody since February 26, 2023, with the Central Bureau of Investigation (CBI) and the ED investigating the case. The allegations suggest that Delhi government officials modified the excise policy to benefit certain liquor vendors in exchange for bribes, which were purportedly used to fund AAP’s Goa elections.
Sisodia has made several unsuccessful bail applications. His initial bail requests in 2023, including those to the Supreme Court, were denied. The Supreme Court had noted that Sisodia could reapply if the trial progressed slowly.
On June 4, the Supreme Court had disposed of Sisodia’s bail plea with the option to revive it after the final chargesheet was filed. Additionally, the Delhi High Court had denied Sisodia’s bail plea on May 21, with Justice Swarana Kanta Sharma noting no delay in document supply or by the Trial Court. The High Court had criticized the notion of “justice hurried” and deemed Sisodia’s involvement significant.
Sisodia was arrested by the CBI on February 26, 2023, and the ED followed with an arrest on March 9, 2023. Sisodia resigned from his Delhi cabinet position on February 28, 2023.
The Delhi High Court had previously dismissed Sisodia’s bail pleas, and on October 30, 2023, the Supreme Court declined to interfere with the High Court’s decision, noting that the allegations of “windfall gains” of Rs 338 crore were supported by evidence.
The Delhi Government implemented the excise policy on November 17, 2021, but scrapped it in September 2022 amid corruption allegations.
Sisodia subsequently filed a second round of bail pleas, which were also rejected. This current bail plea was submitted after the chargesheet was filed.
In May, the Delhi High Court upheld a trial court’s decision from April 30 to deny Sisodia’s 2024 bail plea in both the ED and CBI cases.
The alleged liquor scam involves claims by the CBI and ED that corruption occurred in the liquor policy for the financial year 2021-22. The agencies allege that changes to the policy benefited liquor businesses in exchange for bribes. At the time, Manish Sisodia was the Excise Minister. The Aam Aadmi Party and its national convener Arvind Kejriwal have also been implicated in the case.
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