Thread by @LawBeatInd

#Delhi's Rouse Avenue Court, will today hear the bail plea filed by Former Delhi Deputy Chief Minister Manish Sisodia (@msisodia) in a case registered by Central Bureau of Investigation (CBI) in connection with the Delhi Liquor Scam case.
#DelhiLiquorScam #DelhiExcisePolicy #CBI

Yesterday, the court EXTENDED Manish Sisodia's Judicial Custody in the CBI case by "14 days", i.e. till April 3.
#DelhiLiquorScam #DelhiExcisePolicy #CBI #ManishSisodiaArrested

@msisodia's Bail plea is scheduled to be heard at 2pm before Special Judge MK Nagpal, Rouse Avenue Court, Delhi.
#DelhiLiquorScam #DelhiExcisePolicy #liquorgate #LiquorScam

Senior Advocates Dayan Krishnan, Mohit Mathur and Siddharth Aggarwal appear for Manish Sisodia (@msisodia).

Krishnan: Nothing exceptional has been found by the CBI...There is nothing material before you that I will affect the witnesses. They have no apprehension till my arrest.
#DelhiLiquorScam

Krishnan: I am not at flight risk, i have deep roots in the society. Highlights i am a public servant, there have been two others apart from me Kuldeep Singh and...
#DelhiLiquorScam #ManishSisodia

Krishnan : In your earlier orders, you've dealt with law on bail sir. To repeat that would be waste of time. Refers to Sisodia's wife's medical condition, states she has Multiple sclerosis.
#DelhiLiquorScam #ManishSisodia

Krishnan: The entirely FIR is based on matters post the tender & not matter pre-tender. These are government policies, which hv been gone through various stages, including the LG, law secretary & finance secretary. The chances in the policy were within the law.
#DelhiLiquorScam

Krishnan: In the implementation of the policy, there have been several rounds of litigation in the #DelhiHighCourt.

Krishnan: There is no likelihood of the trial coming to an an end anytime soon. Keeping in mind the triple test, keeping in mind that I will not be tampering evidence or affecting the witnesses in any manner.
#DelhiLiquorScam #ManishSisodia

Senior Advocate Mohit Mathur begins his submissions now.

Mathur: In case they issued S.41A the need to arrest should come from the fact, that when I appeared something changed drastically. They in all there remand applications have stated that I did not cooperate with CBI. Any further incarceration would not be justified.

Mathur: Refers to a #DelhiHighCourt judgment and states that If the case is based on Documentary evidence, then there is no requirement for keeping them in custody.
#DelhiLiquorScam #ManishSisodia

Mathur: I am available here, my movements are in public glare, where is the apprehension that i will run away. Any further custody is not justifiable.
#DelhiLiquorScam #ManishSisodia #CBI

Mathur: The Triple test can't be thrown to the winds. Refers to the Common Cause Judgment. When it comes to the case of bail it's like Order 1&2. The Medical condition of my wife....she doesn't have anybody else other than me.
#DelhiLiquorScam #ManishSisodia

Mathur: My son is not in India. The ailment is a 20yr old ailment. The ailment cannot be cured. Refers to another Judgment. Sir! I am only supplementing my learned friends arguments. My Lord!
#DelhiLiquorScam #ManishSisodia

Mathur: Refers to a Judgment wherein the accused was a Junior Minister, after Police Custody, he was granted bail, as he also had deep roots in the society.
#DelhiLiquorPolicy #ManishSisodia

Mathur concludes : We are at a good 24/25 days in custody, there is no further need.
#DelhiLiquorScam

Special Public Prosecutor DP Singh: My Lord! I cannot match how my two friends have made the matter so simple.

#DelhiLiquorScam #ManishSisodia

SPP: The person we are dealing with was handling 18 ministries, he handled Finance. What he does is they are looking to change the policy, bring a new one. He asks his officers (one Ravi Dhawan) to make a new report, this expert committee report upsets the simple man.

SPP: The man gets upset, he moves he finds 2-3 things, one that the whole sale thing should be with the government, he doesn't talk abt zones, he doesn't find favour with the govt, he says that is not the best.
#DelhiLiquorScam #ManishSisodia

SPP: He elaborated on three modules:
1. The model which exists
2. Let individuals get licence
3. Model of giving it to private entities
There he had his reservation, besides this he wanted a minimise the government control.
#DelhiLiquorScam #ManishSisodia

SPP: Most importantatly three legal opinions were made by Mukul Rohatgi, former CJI Rajan Gogoi, and former Justice KG Balakrishnan. These reports also came. They advocated the status quo.
#DelhiLiquorScam #ManishSisodia

SPP: It was taken by private players. In his report, the legal opinions were also annexed by Rahul Singh (new appointed person).

Court: On the portal it was put by party? Or the the private people?

#DelhiLiquorScam #ManishSisodia

SPP: He may not be a flight risk but he definately is. Risk to the evidence. This entire cabinet note that was prepared is not available, no minute of meetings are there.
#DelhiLiquorScam #ManishSisodia

SPP: Till Feb 2,2021 Rahul Singh is there...on 3rd Sanjay Goel is given charge on 4th Feb a fresh cabinet draft is prepared, without those legal opinions being a part of it. There is no reference of Rahul Singh. The fresh note.. absolutely...
@AamAadmiParty #DelhiLiquorScam

SPP: There are 4 senior officers who are telling us this in detail. One is the person who initiated the file. This was during the time of Rahul Singh MyLord! The files were also destructed, not just the mobile phone.
An ex-post facto approval was sought in July 22, 2022.

Correction *July 14, 2022

SPP: On May 19, 2022, LG had given suggestions. Frequent change of phones was happening, he used apple phones. These frequent changes were not innocent, they were done with a purpose.
#DelhiLiquorScam #ManishSisodia

SPP: I have 60days to complete my Chargesheet,i hv exhausted 24/25 days, if he comes out, it will go waste. Investigation is still pending. Now that he(Sisodia) knows what has been put to him, it will jeopardize our investigation.
#DelhiLiquorScam #ManishSisodia

SPP: He is definately in a position to influence witnesses, and definately destroyed the documentary evidence. We are reaching out to more officials for investigation in the case.
#DelhiLiquorScam #ManishSisodia

SPP: It is not such a simple and innocent case as has been portrayed by my learned friends. Just because the two co-accused have not been arrested cannot be a ground to bail.
#DelhiLiquorScam #ManishSisodia

Court: Where there any complaint from the public?

Mathur (On a Lighter Vein): Daaru saasti mil rhi thi, complaint koi kyu krega.

SPP: Though others had destroyed the phones, one ....Babu's chats were retrieved. He gives a copy of the chats to the court.
#DelhiLiquorScam #ManishSisodia

SPP: We have definate evidence that clauses after clauses were given and those clauses were as it is made part of the policy. The GoM report to be specific.
#DelhiLiquorScam #ManishSisodia

SPP: There were meeting at The Oberoi Hotel, we have the photocopy of the bills. And the policy was printed.
The printout was taken from Sisodia's computer. And later photocopies was done.

Court: It was circulated electronically or physical copies.

SPP: 36 pgs photocopy was taken, a car was booked to the Oberoi Maidens, the location of the hotel is close to the office of #VijayNair.
#ManishSisodia #DelhiLiquorScam

SPP: After the meetings...the copy was handed over Secretary, where Arvind Kejriwal and Satyendar Jain were also present. On April 20th they mentioned the changes.
@ArvindKejriwal @ArvindKejriwal @SatyendarJain

SPL: These were days of peak COVID, by a chartered plane, these Businessmen from South India reach Delhi. And Guchi Babu in his chats states that he travelled in the chartered plane for the first time.
#DelhiLiquorScam #ManishSisodia

SPP: IndoSpirits was a blacklisted company, they wanted to be one of the players from the south group.
#DelhiLiquorScam #ManishSisodia

SPP: The Policy was implemented, how @msisodia wanted and how his south group members wanted. The influence is large, we have only 36days more, when he file the chargesheet, the court may consider whether he requires further incarceration or not.
#DelhiLiquorScam #ManishSisodia

SPP: Sisodia if granted bail, will scuttle our entire investigation. He relies on Judgments.
I have not argued on the Economic Offence theory. Sisodia doesn't satisfy the triple test.

#DelhiLiquorScam

Krishnan for @msisodia: I am not holding any public position, i have resigned from the post. This allegation that documentary evidence was destroyed is vague. The fact that public faith is considered, where is LG? In the case.

Krishnan: There should be something much more deeper for consideration in the present case. Lastly, the policy decision should be left to the government.
#DelhiLiquorScam #ManishSisodia

Krishnan: The point that i am making is this policy where was it challenged in its Arbitrariness.
#DelhiLiquorScam

Mathur: Relies on a Judgment, reads relevant portions. My arrest cannot be defined on some expert committee report.
#DelhiLiquorScam

Mathur: Their allegation is that people have been threatened... Etc nothing is there in writing. Reads remand application, on March 6 they have said themselves that they will not require any further custodial interrogation.

Court adjourns the matter for further hearing to March 24 at 2pm. The Special Judge directs the counsels to file short written submissions in the case with photocopy of the case diary.
#DelhiLiquorScam #ManishSisodia