Excise policy case: Sisodia seeks bail in Delhi HC on ground of parity

Manish Sisodia.

Former Delhi deputy chief minister Manish Sisodia, arrested in connection with the excise policy scam case being probed by the CBI, Thursday urged the Delhi High Court to grant him bail, claiming no money trail linking him to the proceeds of alleged crime has been found and seeking parity with other accused who have got the relief.

The counsel for the senior AAP leader said Sisodia is not in a position to influence the witnesses in the case or tamper with evidence. Justice Dinesh Kumar Sharma, after hearing the arguments of Sisodia's lawyers, fixed April 26 for submissions by CBI counsel.

The Central Bureau of Investigation (CBI) had arrested Sisodia for alleged corruption in formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22 on February 26 following several rounds of questioning.

On March 31, the trial court here had dismissed Sisodia's bail plea in the matter, saying he was "prima facie the architect" of the "scam" and had played the "most important and vital role" in the criminal conspiracy related to alleged payment of advance kickbacks of Rs 90-100 crore meant for him and his colleagues in the Delhi government.

Challenging the trial court's order denying bail, senior advocate Dayan Krishnan, appearing for Sisodia, said the lower court has not considered the medical condition of the AAP leader's wife who is suffering from multiple sclerosis. Krishnan said the condition of Sisodia's wife was deteriorating.

He said all the offences alleged against Sisodia are punishable with imprisonment up to seven years, something which should weigh in favour of the AAP leader. The lawyer also contended the trial in the case is not going to concluded anytime soon.

Senior advocate Mohit Mathur, also representing Sisodia, said the allegation that he was a recipient of the proceeds of crime was "all in air" and no money trail leading to him has been found.

He said some other accused in the case were either not arrested or have been granted bail. The high court had earlier issued notice to the CBI and asked it to respond to Sisodia's bail plea, which claimed he was "totally innocent" and a "victim of political witch-hunt".

In his plea filed before the court, Sisodia said there was no material to show his involvement in the offences alleged in the FIR. "The applicant (Sisodia) is totally innocent, who is a highly respected citizen and he has highest respect for the law. The Applicant is a victim of political witch-hunt, which has led to his arrest by the Respondent on account of ulterior motive to drag the reputation of the Applicant through the mud," his petition said.

The petition said the excise policy was the "collective responsibility" of the Cabinet and it was implemented after being drafted by the excise department. It was duly approved and Sisodia cannot be held criminally liable for the collective decision of the Cabinet, the excise department, finance department, planning department, the law department and the Lieutenant Governor of Delhi.

Also read: Excise scam: Court reserves verdict on Sisodia's bail plea in money laundering case for April 26

"The GoM (Group of Ministers) was only tasked with giving its report and suggestion to the cabinet and the policy had to be ultimately accepted by the Cabinet and various departments of Government of NCT of Delhi," it said.

"Departments of Finance, Planning and Law were headed by the respective secretaries who are working under the control and authority of the LG of NCT of Delhi... all the officers who granted the approvals report to the LG of NCT of Delhi, and not the applicant. That with so many approvals to policy at various levels of government including various Departments of Delhi and LG of NCT of Delhi- the applicant cannot be made liable for same," the plea added.

The petition said the trial court has erred in terming Sisodia as the "main architect" of the alleged conspiracy and he is in no position to influence the witnesses or tamper with evidence.

It claimed the witnesses are primarily civil servants, over whom the accused exercises no control, especially now since he has resigned his official post. Sisodia has already been interrogated for the purposes of investigation and his continued incarceration is not required, the plea stated.

"There is absolutely no chance of the applicant fleeing away from the jurisdiction of this court as the applicant is a former minister in the Government of NCT Delhi and an MLA from Patparganj, NCT of Delhi. That the applicant has deep roots in society and is a valued leader in his constituency," it submitted.

The plea also said the arrest has caused irreparable damage to Sisodia's reputation which cannot be compensated even in monetary terms. While refusing to give relief to Sisodia, the trial court had said, "The payment of advance kickbacks of around Rs 90-100 crore was meant for him and his other colleagues in the GNCTD and Rs 20-30 crore out of the above are found to have been routed through the co-accused Vijay Nair, Abhishek Boinpally and approver Dinesh Arora."

"In turn, certain provisions of the excise policy were permitted to be tweaked and manipulated by the applicant to protect and preserve the interests of South liquor lobby and to ensure repayment of the kickbacks to the said lobby," it had said.

The trial court had also said Sisodia's release may adversely affect the ongoing investigation.

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