Sisodia capable of destroying evidence: CBI to Delhi court

Advocate DP Singh, appearing for CBI, said in court that the former Delhi deputy chief minister destroyed his phones to get rid of chats that could incriminate him.

The Central Bureau of Investigation (CBI) on Tuesday, while opposing former deputy chief minister Manish Sisodia’s bail application in the excise policy case, told a Delhi court that he may not be a flight risk but is capable of destroying evidence and “can threaten witnesses”.

CBI had arrested Manish Sisodia after an eight-hour long interrogation on February 26 in connection with a probe into the alleged irregularities in the framing and implementation of the now-scrapped Delhi excise policy 2021-22. (PTI)

CBI had arrested Sisodia after an eight-hour long interrogation on February 26 in connection with a probe into the alleged irregularities in the framing and implementation of the now-scrapped Delhi excise policy 2021-22. He was produced before the Rouse Avenue court on February 27 and remanded to CBI custody for five days. On March 4, the court extended Sisodia’s CBI custody for two days. He was then sent to Tihar Jail. He is presently in the custody of the Enforcement Directorate (ED) in the money laundering case stemming from the CBI probe.

“He (Sisodia) may not be a flight risk but he is someone who could destroy evidence and can threaten witnesses,” advocate DP Singh, appearing for CBI, said in court, adding an entire file regarding the cabinet report on the excise case is missing.

Singh also said that Sisodia destroyed his phones to get rid of chats that could incriminate him.

Senior advocates Dayan Krishnan and Mohit Mathur, appearing for Sisodia, argued before the court that nothing had come out of the interrogation which could justify his further custody.

“There is nothing in the material before you to say that [Sisodia] will influence witness... Regarding tampering of evidence the only issue is destruction of mobile phones,” Krishnan said, adding the allegation that he destroyed his phone on the day the lieutenant governor filed a complaint regarding the excise policy is “mere coincidence”.

Mathur, while buttressing Krishnan’s arguments, pointed out that Sisodia’s wife is suffering from multiple sclerosis which requires proper care but has no one to take care of her as their son is studying abroad.

Singh, opposing the arguments advanced by Sisodia’s counsels, submitted that, “the policy was implemented exactly the way he (Sisodia) wanted and the way it was wanted by his associates of South Group”.

CBI had earlier alleged that the so-called South Group allegedly paid senior leaders of the Aam Aadmi Party (AAP) kickbacks to the tune of ₹100 crore. The South Group allegedly comprises YSR Congress MP Magunta Srinivasulu Reddy, his son Raghav Magunta, Sarath Reddy (promoter of Aurobindo Group), Kavitha (daughter of Telangana chief minister K Chandrasekhar Rao.

Singh also submitted if Sisodia is granted bail, the investigation would be hampered. “I have 60 days to file charge sheet and I have exhausted 24. If he is out on bail, it will hamper investigation... There are certain people who we are reaching out to, and it will be jeopardised.”

CBI also submitted that they have evidence to show that South Group was favoured during the favour of the policy. They added that they recovered two reports from Sisodia documenting the increase of the 5% commission and ₹100 crore eligibility to 12% commission and ₹500 crore eligibility.

Special judge MK Nagpal, after hearing the arguments, listed the matter for further clarifications and submissions on March 24.

Meanwhile, Sisodia also moved a bail application in the case registered by ED based on the CBI probe. Sisodia is currently under ED custody and is to be produced before the court on March 22. ED had alleged that Sisodia was instrumental not only in framing and implementation of the policy but also in generation of proceeds of crime and recoupment of kickbacks. The city court has issued notice on the bail application and has listed the application for hearing on March 25.

Sisodia has rejected all charges and termed the case politically motivated.