Accused behind trial delay: ED on Sisodia’s bail petition

The Delhi court on Saturday extended the judicial custody of Delhi’s former deputy chief minister Manish Sisodia till April 18 in the excise policy case

The Enforcement Directorate (ED) on Saturday opposed the second bail application moved by Delhi’s former deputy chief minister Manish Sisodia in a Delhi court in connection with the now scrapped Delhi liquor excise policy 2021-22 case, and said that the delay in the trial of the case has not been caused by the prosecution but by the accused persons.

AAP leader Manish Sisodia at court in New Delhi on Saturday. (PTI)

Meanwhile, the Delhi court on Saturday extended the judicial custody of Sisodia till April 18 in the excise policy case.

Elaborating further on the argument, special public prosecutor Zoheb Hossain submitted that concerted efforts were made on part of the accused persons, including Sisodia, to delay the trial.

In January, the Aam Aadmi Party (AAP) leader approached Delhi’s Rouse Avenue court, seeking bail for the second time in the cases that was registered by the Central Bureau of Investigation (CBI) and ED.

Opposing the bail applications, Hossain highlighted before the court that the main thrust of the arguments, advanced by Sisodia’s counsels, was on the delay in trial. The Supreme Court while dismissing his bail observed that if the trial moves at a snail’s pace, then Sisodia can move a second bail application before the court.

However, the twin conditions under section 45 of the Prevention of Money Laundering Act (PMLA), which are requisite for the grant of bail, cannot be done away with.

He pointed out in his arguments that the delay is being caused by the accused persons as there have been multiple applications filed by the accused persons seeking similar prayers, of which six have been filed by Sisodia.

“Ninety-five applications were filed by the accused persons, some repeating the prayers, some making piecemeal prayer for disclosure. This accused has filed six applications among them... Disposing of 95 applications in three months is by no means a snail’s pace,” Hossain said.

He also submitted that frivolous applications have been filed by the accused persons involved in the case for which costs have also been imposed by the predecessor judge.

Hossain also argued that applications were filed belatedly as well, citing an application moved by Sisodia seeking CCTV footage of his ED custody.

“An application for CCTV footage was filed in January, 2024, nearly 10 months after his arrest and no justification was given for late filing of the application… A similar application was filed by another accused in the case and adverse orders were passed against him,” he said before the court.

He also said that multiple applications have been filed regarding inspection of documents, and for the last one month the inspection has been going on in the most “lackadaisical manner”.

Arguing on the merits of the case, Hossain pointed out that Sisodia was responsible for drafting the policy. He added that the advance kickbacks of ₹100 crore were received by Sisodia and other members of AAP.

“Sisodia and other leaders of AAP received advance kickback of ₹100 crore. This is not the only proceeds of crime but the wholesale profits i.e, the difference between 12% and 5%, which is ₹338 crore was the proceeds of crime”, he added.

Reading the statements of other accused, recorded under PMLA, he pointed out that Vijay Nair, who was one of the key conspirators in the case and had portrayed himself to be in close proximity to Sisodia and Kejriwal, was acting under the directions and with complete confidence of Sisodia and other top leaders of AAP.

Special judge Kaveri Baweja, after part hearing the arguments of ED has now listed the matter for further hearing on the bail applications on April 10, when ED would continue to submit their arguments opposing the bail.

Sisodia earlier moved a bail application before the court in ED case, which was dismissed on April 28 last year, while his bail application in the CBI case was dismissed on March 31, 2023.

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 then approached the Supreme Court. While 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 CBI on February 26, 2023, in the predicate offence case, and while he was in judicial custody, ED arrested him on March 9, 2023.

The policy under scanners was rolled out for the 2021-22 financial year in November 2021, marking the exit of the government from retail sales of alcohol and allowing private companies to bid for licences. The objective, the Delhi government said, was to improve the buying experience for people by allowing market competition to raise standards.

But the policy was scrapped in August 2022, soon after lieutenant governor VK Saxena asked for an investigation.