Thread by @LiveLawIndia

AAP leader and former Deputy Chief Minister of Delhi Manish Sisodia to be produced before Rouse Avenue Court after his arrest by ED yesterday in excise policy case.

Sisodia is already in judicial custody in CBI FIR.
#ManishSisodia #DelhiCourt

Sisodia’s bail is also fixed for hearing today by special judge MK Nagpal in the CBI case.

#DelhiCourt #ManishSisodia #ExcisePolicy #ED #CBI

Update: ED has sought 10 days of custody for Manish Sisodia in money laundering case.

Court orders Sisodia to be produced at 2 PM.

#ED #ManishSisodia #Moneylaundering

Manish Sisodia has been produced in the courtroom. Special judge MK Nagpal yet to preside.

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The judge has presided. Hearing commences.

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Zoheb Hossain appears for ED.

Senior Advocate Dayan Krishnan appears for Sisodia.

Krishnan: We are ready to argue bail.

Court: First I'll see remand part. Then will see if time is left for bail.

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Hossain: We have put materials that we've gathered under different heads. First is on implementation of excise policy and role of the accused.

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Hossain reads allegations against Sisodia. He says that the policy was implemented as part of a conspiracy to give wholesale business to certain private companies.

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Hossain: There was conspiracy to frame the policy in such a manner so as to ensure illegal benefits to some persons. There was no suggestion from the public to fix 12% of wholesale profit margin to private entities.

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Hossain: This sort of diluted definition not only enabled but encouraged proxy holding and cartelization, which we will show.

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Hossain: The provisions in GoM report...

Judge: This means the provision was in the unsigned report which he handed over. This provision wasn't mentioned in meeting, you want to say?

Hossain agrees.

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Hossain: Conspiracy was coordinated by Vijay Nair and others along with South Group. The new policy was brought out for extraordinary profit margin for wholesalers.

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Hossain: Members of South group further got control of 9 zones therefore making a serious cartel in the excise business in Delhi.

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Hossain refers to the meeting of Vijay Nair with K Kavitha.

Hossain: Vijay Nair was acting on behalf of the Chief Minister and Deputy CM of Delhi.

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Hossain: The investigation revealed that Sisodia personally got the file of indo spirits cleared by excise department.

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Hossain: These are not random statements.

Hossain referring to various statements against Sisodia and his role in the case.

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Hossain: Vijay Nair was working in the support of the arrestee.

Hossain now reads allegations on destruction of evidence and phones.

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Hossain: The arrestee used sim cards issued and phones purchased on the name of others. He himself used phone purchased on some other person's name. Purchased on Flipkart and arrestee has not given payment.

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Hossain: The proceeds of crime quantified for over Rs. 292 crores. Considering the magnitude of the matter, we need to identify completed modus operandi. We need to confront other persons who we have summoned. Seven persons we have issued. We are seeking remand of 10 days.

Krishnan now commences arguments on behalf of Sisodia.

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Krishnan: According to them it's about faulty policy. Whose domain is it in constitutional structure? It's the executive. That's their job to make policy for people. When a policy is made by a govt, it goes through several layers. Through layers of elected govt and bureaucracy.

Krishnan: The policy then goes to LG....LG sir has applied his mind and sends back three recommendations or queries. Not 12% or eligibility criteria...why? Surely they must have examined the policy and everyone else who cleared it.

Krishnan: In money laundering, you're expected to look at concealment, possession and use. It has to be traced to the individual. Not a single penny has been traced to me. So they say Vinay Nair represented of Manish Sisodia. Laughable to say the least.

Krishnan: We are talking about a premium investigating agency. Why have they not been able to trace a single penny to me?

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Krishnan: Under this draconian Act, the power to arrest is an extreme position. Where you've (judge) to decide that their subjective satisfaction would show that I'm likely to be guilty. Look at their document, everything is I heard I heard I heard.

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Krishnan: Burden is extremely heavy not only on the prosecution but also on the court.

Krishnan now refers to the judgment in Madan Lal case.

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Krishnan: I was never summoned by ED. Till one fine day, while remand applications were going on in CBI case, my bail application was fixed. One day before hearing of bail application, I'm arrested. ECIR is of August 2020. This kind of conduct must concern the court.

Krishnan: The process itself is illegal here.

It can't be that a person is kept in custody in a special Act (PMLA) just to ensure that he does not get bail.

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Krishnan: Now please come to the money trail. Please keep in mind section 19.

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Krishnan: I can only say what I know. I can't tell what they want to think.

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Krishnan: Now let's see what are proceeds of crime.

They've to show some tracing of money. If sec 19 was worded differently, it would have a routine remand.

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Krishnan: This remand application does not need the test fo section 19. A court cannot ignore that the timing of arrest here is mala fide and only to keep a man in continued detention.

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Krishnan: Madal Lal case says that you've to show concealment, possession, acquisition, use, claiming of proceeds od crime. Where is a whisper of all this, particularly in view or section 19? Time has come for courts to come down heavily in this. I urge you sir to be the first.

Senior Advocate Mohit Mathur now commences arguments on behalf of Sisodia.

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Mathur: It's only a fashion these days that they take it (arrest) as a matter of right. Time has come for these courts dealing with such agencies, they must come down heavily in case of any entitlement that they feel they have.

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Mathur: Where do they get this power is only because neither we're doing homework properly nor infirming court that it needs to look into it and see if they have custody powers.

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Mathur: While we are in your custody, you record a statement which you take a shelter that it's not a statement to a police officer. But for taking custody, you are saying that its a policy custody. There is no direct judgment on whether they've power to seek remand.

Hossain: There are judgments. I have direct judgments. I've also called for other High Court judgments.

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Senior Advocate Siddharth Aggarwal now makes submissions for Sisodia.

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Aggarwal refers to the statement of one Dinesh Arora.

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Aggarwal: It's so easy in our country that maine so and so functionary ke liye paise uthaaye, aap us bande ko andar kar dijiye. Agar aisa hua toh section 19 khatam hojayega aur janaab ki oversight khatam hojaegi.

Aggarwal: .....whithout any money trial and without any money coming to me, can we say that in their assessment that i am guilty of money laundering?

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Court lists Manish Sisodia's bail in CBI case for hearing on March 21.

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Court: Due to lack of time, the bail application is directed to be listed on March 21 at 2 PM.

Court reserves order on Manish Sisodia's ED custody remand.

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