New Delhi: Manish Sisodia is lodged in Tihar Jail in the Delhi liquor scam case. His bail plea is being heard in the Supreme Court today i.e. on Monday. Former Delhi Deputy CM Manish Sisodia has pleaded for bail in the corruption and money laundering cases related to the alleged Delhi Excise Policy scam. A bench of Justice BR Gavai and Justice KV Vishwanathan is hearing both these petitions in the Supreme Court. Manish Sisodia is seeking bail in both the CBI and ED cases. So let’s know what is happening in the court on Manish Sisodia’s bail.
LIVE in Supreme Court on Manish Sisodia’s bail:
-Singhvi: Your Honor, look at the reply filed by ED 4 days ago. They are saying that “investigation to trace the proceeds of crime and the role of many people is still going on”… This is completely contrary to their argument that the investigation has been completed… Then what is the point of keeping me in jail? Here, there is also a question of freedom.
-Singhvi: ED has hidden some documents and put them in the category of non-reliable documents. Inspection of the sixth to eighth prosecution complaints could not even begin. Just look at the CBI case… (read) CBI has failed to produce non-reliable documents.
-Singhvi said that the threat of triple test is looming in the CBI case as well… It can also be kept in mind in section 45 of PMLA. Singhvi cites judicial precedents. Singhvi said that what is the point of big principles if they are not implemented at the ground level?
-Singhvi: Bail cannot be denied only on the ground that the charges are serious. There has been no recovery even after two and a half years.
,Abhishek Manu Singhvi said that by sending me back you are sending me to 2 courts which have given verdict against me. Only the Supreme Court can change it. They (courts) did not debate on the merits. The argument of the investigating agency on hearability is inappropriate. In the case of independence, should this be the interpretation? 3 more supplementary charge sheets were filed in May. In total, 9 prosecution complaints. The case is still being investigated.
-Singhvi: ED has cited 162 witnesses and filed 25000 pages of documents. This was in October. Now the numbers will be interesting. In July, 2024, 40 persons were made accused. CBI cited 294 witnesses, filed 31000 pages of documents. Total 493 witnesses… except the fourth chargesheet (because cognizance was not taken). This is not even counting the digital records!
-Singhvi: They are saying I am delaying… I filed an application because they denied me my right to get the documents… The application was accepted. 90% of my applications were accepted. For asking for documents, am I delaying the hearing? The delay is because you did not give me the documents in the beginning.
,Singhvi further said that the second is the previous order of Justice Khanna. Abhishek Singhvi drew the court’s attention to the comments made in Justice Khanna’s order (October, 2023). Singhvi said that the court was concerned about Sisodia’s long imprisonment. The ED had given a statement that the trial would be completed in 6-8 months. A very important finding was made – the delay in the trial should be looked at under Section 45 PMLA.
-Singhvi further said that when the trial is not proceeding for reasons which are not due to the accused, the court, unless there are strong reasons, may be directed to exercise the power to grant bail. This is even more true when the trial takes years. Singhvi further said that please note the delay made by the ED. The special judge recorded that the ED was trying to introduce new documents in the relied upon documents without permission… CBI sought 15 days time to file the translation.
-Singhvi said that ED filed an application in the High Court seeking some more time to file a reply to the bail plea… on the ground that the IO is busy arresting other people. Singhvi said that in the order of June 4, Sisodia had challenged the High Court order. His argument is to go back to the trial court. Mr. Mehta had promised to file a final complaint. Singhvi said that the hearing has not even started yet. This is an improper plea by the prosecution.
-On Singhvi’s arguments, ASG SV Raju said that my friends present notes…and do not read the order. On this the bench said that you are here Mr. Raju…it is not that they are arguing behind your back. After this Singhvi said that I was sent back by this court and I went back. I have climbed the ladder again and come up. In the matter of freedom, I am being asked to climb the ladder again.
Abhishek Manu Singhvi appeared on behalf of Manish Sisodia. At the beginning of his argument, he first said, “Judge Sir, first of all, it has been 17 months since I was in custody.”
Additional Solicitor General SV Raju, appearing for the CBI (Central Bureau of Investigation) and the ED (Enforcement Directorate), told the bench on July 29 that the CBI has filed a reply to Manish Sisodia’s petition, but it is not yet available on record. ASG Raju had also raised preliminary objections to Manish Sisodia’s arguments and said that this is the second special leave petition challenging the same order of the Delhi High Court.
ASG Raju had said in the last hearing that the same order cannot be challenged twice. Manish Sisodia had earlier challenged the Delhi High Court’s May 21 order in the apex court. The Supreme Court had rejected his bail petitions. He had challenged the lower court’s April 30 order rejecting his bail petitions in both the cases in the High Court.
The CBI arrested Manish Sisodia on 26 February 2023 for his alleged role in the liquor policy case. The ED arrested him on 9 March 2023 in a money laundering case related to the CBI FIR. Manish Sisodia resigned from the Delhi Cabinet on 28 February 2023. Manish Sisodia is currently lodged in Tihar Jail.
During the last hearing, ASG Raju had cited the Supreme Court’s June 4 order which refused to consider Sisodia’s bail plea in the cases registered by the CBI and the ED. The Supreme Court had said that Sisodia can re-file his bail plea after the ED and the CBI file the final prosecution complaint and charge sheet respectively. The prosecution complaint is equivalent to the charge sheet of the Enforcement Directorate.
Last week, senior advocate Abhishek Singhvi, appearing for Manish Sisodia, had termed Raju’s arguments as “shocking”. The law officer then cited the apex court’s order dated October 30, 2023, in which he was denied bail in both the cases. While rejecting his regular bail plea, the apex court had given Sisodia the liberty to approach the court for relief if there is any change in circumstances or the trial gets prolonged.
The bench had said that the period prescribed by the apex court in its October 30 order has expired and the case can be heard on merits. The bench said, ‘This case should be heard on merits. Why should we hear it in two stages, one interim and one final.’ The bench has fixed August 5 as the date for further hearing in the case.
Tags: Abhishek Manu Singhvi, Manish sisodia, Manish sisodia case, Supreme Court
FIRST PUBLISHED : August 5, 2024, 12:37 IST
