Manish Sisodia’s bail hearing: Supreme Court grills CBI, ED, says ’case inferences will fall flat in 2 minutes’
- Supreme Court further asked if there is any evidence that connects the proceeds of alleged money laundering with Manish Sisodia
Supreme Court on Thursday asked the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) if they have any evidence of bribery against former Delhi Deputy Chief Minister Manish Sisodia in the Delhi Excise policy scam case. While hearing the bail plea of Manish Sisodia, the apex court remarked that the inferences in the case against Manish Sisodia seem to be based on hearsay and will fall flat in two minutes.
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"Have you seen them (co-accused Vijay Nair or Sisodia) discussing this? Will it be admissible? Isn't the statement (by an approver) hearsay? It is an inference but has to be based on evidence. In cross-examination this will fall flat in two minutes," the Supreme Court bench said, as per Bar and Bench.
A bench of Justices Sanjiv Khanna and SVN Bhatti heard the bail application of Manish Sisodia who has been in custody since February 2023. The Delhi Excise policy scam revolves around allegations of corruption against Delhi government officials for issuing liquor licenses to certain traders in exchange for bribes.
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"We understand there is a policy change and everybody wants a change that will be beneficial for them. That will be there. If we say special groups are discriminatory ... without money consideration, it will not make out an offense... If we go to that extent, there will be no pressure groups or even vested interests when a policy decision is taken then ... Some pressure and conflict will always be there. Of course, bribes cannot be accepted," Bar and Bench quoted the bench's observation.
Supreme Court further asked if there is any evidence that connects the proceeds of alleged money laundering with Manish Sisodia. "How will you establish money laundering by Sisodia factually and legally? ... He may be aware it may be used, as per your case, but he never came in actual physical possession," the bench asked.
Policy making that triggers bribes
Additional Solicitor General SV Raju responded to questions from the bench and said "Question is, is he not directly or indirectly involved in illegal activity or process? ... When you make a policy that triggers bribes which acts as proceeds of crimes."
The court then pointed out “Generation of money is not an offense under Section 3 of the Prevention of Money Laundering Act (PMLA)” attracting a quick response from ASG who said, "Unless money exists, you cannot put it to use."
Also Read: AAP stages protest over arrest of Sanjay Singh in liquor policy case
The ASG submitted that the policy change was deliberate to benefit certain wholesalers who paid bribes and it cost huge sums to the state exchequer. "Earlier it was that 5% (duty) was minimum and 12% was maximum. No one will keep it more than 5, therefore to make it certain they fixed it at 12% to benefit some. That is the criminal mischief. Therefore the offense," he added.
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Business NewsNewsIndiaManish Sisodia’s bail hearing: Supreme Court grills CBI, ED, says ’case inferences will fall flat in 2 minutes’
First Published:5 Oct 2023, 05:16 PM IST
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