Thread by @barandbench

The Enforcement Directorate (ED) will today produce former Delhi Deputy Chief Minister #ManishSisodia before Delhi's Rouse Avenue Court.

ED arrested Sisodia on Thursday evening in the money laundering case related to alleged #DelhiLiquorScam

#AAP #moneylaundering @msisodia

Sisodia was earlier arrested by the CBI in the liquor policy case on February 26.

He remained in CBI custody till March 6 after this, he was sent to Judicial Custody.

#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Sisodia to be produced at 2pm before Special Judge MK Nagpal.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

ED has requested for 10 days custody of Sisodia.
Court orders him to be produced at 2pm.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Sisodia's lawyers: Senior Advocates Dayan Krishnan, Siddharth Aggarwal are present in court.

ED Special Counsel Zoheb Hossain also in court.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Sisodia reaches court.
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Judge MK Nagpal presides.
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Court takes up the ED matter first.
We will take up the remand part and then based on time we will take up the bail matter: Judge.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Zoheb Hossain for ED: We have given details in tabular form.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Zoheb: All the changes were made to enable the South Group. Please see the manner in which policy was formulated to ensure that certain private entities get huge benefits.

Zoheb: Calling up of public response to the policy was a mere eyewash and nothing else.

Zoheb: There was no suggestion by public or stakeholders to fix the profit margin at 12%. This has been confirmed by Excise department.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Zoheb: There was dilution of term related entities.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Zoheb: This sort of a diluted definition not only helped but even enabled cartelisation.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Zoheb Hossain: The then secretary to Sisodia has disclosed that despite his suggestion, Sisodia got the diluted definition in GOM Report.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Was it part of GOM original report or the manipulated one: Judge.

The report which was handed over by him for the first time contained this suggestion. This was an unsigned report: Hossain.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Judge: This provision was in the unsigned report handed over?
Hossain: It finds mention in the report without being discussed in any meeting.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Judge: This was given for the preparation of final policy?

Hossain: Yes.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Please see the statements that we have.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Vijay Nair was the one who was coordinating the entire conspiracy.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: The scam has multiple branches which involves government functionaries and middlemen and others.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

The conspiracy was orchestrated by Nair, Sisodia, K Kavitha and many others. The South Group paid a kickback of nearly Rs 100 crore to AAP leaders: Hossain.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: One of the biggest cartel was made to operate 30% of liquor business in Delhi.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Statement shows that K Kavitha met Vijay Nair. He wanted to show how he can influence the policy. He was acting on behalf of the Chief Minister and Deputy Chief Minister.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

At one time he said we need money and the money he was referring to was the kickback promised.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Excerpts kf GOM report was with Bucthibabu (allegedly an associate of K Kavitha), two days before it was submitted to the counsel of ministers and others.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain now refers to another statement.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain now refers to meetings between Restaurant ls Association and Sisodia.
He refers to the fact that following these meetings, relaxations were afforded to the restaurants in Excise Police, the legal age of drinking was reduced and other things

Hossain now refers to Sisodia's role in ensuring L1 licence to a company named Indospirits.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: At jet speed, the application comes, it is approved and allocation granted in a few days.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: All these things check out. They are not random incidents.
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This was very important to get done. Because this was the vehicle that would get the kickback done: ED tells court.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Destruction of evidence. Within a span of one year 14 phones have been destroyed and changed. Only

Sisodia has used phones purchased by others and SIM cards that are not in his name so that he can use it as a defence later. Even the phone used by him is not in his name: Hossain.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Even the sim card used is in the name of one Devender Sharma. The large scale destruction of evidence needs to be considered in this case.

#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: Now please see why we want his custody. He has been evasive from the start.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

We need to interrogate and unearth the entire scam. We want to unearth the entire modus operandi. We need to confront him with some other people. Therefore we need custody of 10 days: Hossain.

Krishnan begins his submissions for Sisodia.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan refers to SC's decision in Vijay Madanlal Chaudhary case.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: Let us not forget the distinction between predicate offence and money laundering. It is their duty to show the tracing of money to him( Sisodia).
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: According to them (ED) it is a faulty policy. Elected governments lay down policy. It goes through various layers. It goes through government, the bureaucrats, the finance and law secretaries. The policy went to LG.
#ManishSisodia #EnforcementDirectorate @dir_ed

It went to LG. LG is the Centre government. He sent three queries but none of them relate to the profit margin or eligibility criteria: Krishnan.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: They are talking about haste. I can cite umpteen examples of haste. Demonetisation was done and it has been held to be constitutional by the SC.

Krishnan: Not a single money traced to me, so they say Vijay Nair was acting on my behalf. Why have they not been able to trace even a single Rupee to me?

Krishnan: Please the documents. Everything is I heard, i heard, i heard.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan refers to a judgement.
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Krishnan: Please scan through this document. The remand application which is basically the predicate offence. The burden is on them to show even one Rupee has gone to me.

We were to argue for bail today. I was never summoned by ED even once. My bail application was pending gere. They questioned me and just a day before the hearing, they arrested me. ECIR is from Aug, 2022. This kind of conduct must concern a court: Krishnan.

Krishnan now again refers to Vijay Madanlal judgemnet of Supreme court.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: One question sir, you will ask yourself is. Is the process pure? Here it is not. It is mala fide.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

It can't be that a person is kept in custody under a special act just so that he doesn't get bail. Sometimes it is good to face reality: Krishnan.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

They are saying that Vijay Nair was acting on behalf of me based on a statement . The question is would that be enough for you to convict me? The answer is no: Krishnan.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

They say someone came and sat with me. I was familiar with him. Is that an offence of money laundering? Is that enough for you to convict me? The answer is no: Krishnan.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishna: The policy went to the LG also. I hope they have questioned him as well?

Krishnan: They have to show some trace of money to me. Please see Section 19 of PMLA. They say he is not revealing the truth. If they know what the truth is, they should file a complaint.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: The remand application does not meet the test laid down in Sec 19 PMLA. The court also cannot ignore the timing. The aim to keep a person in continued detention.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Krishnan: The time has come for the courts to act on arrests like these. I pray you to be the first to do so in PMLA.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Sr Adv Mohit Mathur is now making submissions for Sisodia.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur refers to Section 19(3) of PMLA.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur: It is only a fashion these days that they (Agencies) take arrests as a right. It is time for courts to come down heavily on this entitlement that they feel they have.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur also refers to Section 167 CrPC.
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We are not dealing with police here. I am questioning their powers to seek this remand: Mathur.
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Mathur: They get this power only because neither are we doing our job properly nor are we informing the court.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Deepak Mahajan judgemnet nowhere says that they have the power to take custody: Mathur.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur: Merely because a practise has been followed l, it does not become a law.
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Mathur refers to remand application.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

No judgement that deals with whether they have power to seek remand to their custody. In case of GST Act, it has already been dealt with by Chhattisgarh HC: Mathur.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Hossain: I have direct judgemnet on the issue. I have also called for HC judgements on the issue.
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Mathur refers to a judgement.
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Mathur agains refers fo Remand application.

Their offence, however grave they may sound, the sentence is not beyond 7 years. They can add as many zeroes, but they can't increase the sentence: Mathur.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur: The courts have said bail is the rule. And remand in a case like this is out of the question.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Mathur: General law says you can't even impose conditions on their bail. That's how the gravity and severity becomes a test.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam

Sr Adv Siddharth Aggarwal now begins his submissions.

I have objection to three Sr Advocates appearing in this case. It is only a small thing but I am pointing it out. I understand he is an important person: Hossain.

Aggarwal: Zoheb Sahab ko todne k liye teen to kya tis log bhi kam hain.
#ManishSisodia #EnforcementDirectorate @dir_ed #DelhiLiquorScam