Delhi's Rouse Avenue Court will hear today former Delhi Deputy CM Manish Sisodia's bail plea in the CBI case related to the alleged Delhi Excise Policy scam.
Bail plea to be heard at 2pm by Special Judge MK Nagpal.
#ManishSisodia #CBI #Bail #ExcisePolicyCase @msisodia
Bail plea to be heard at 2pm by Special Judge MK Nagpal.
#ManishSisodia #CBI #Bail #ExcisePolicyCase @msisodia
Sisodia was arrested by the CBI on February 26. He has since been in either CBI, ED and Judicial Custody.
Yesterday, the court had extended his Judicial Custody in the CBI case for two more weeks.
Yesterday, the court had extended his Judicial Custody in the CBI case for two more weeks.
Sr Adv Dayan Krishnan to appear for Sisodia. CBI will be represented by advocate DP Singh.
#ManishSisodia #CBI #Bail
#ManishSisodia #CBI #Bail
Sr Adv Mohit Mathur also appearing for Sisodia.
Court is told that Sisodia has moved bail plea in the ED case.
Court: Issue notice.
Court: Issue notice.
Krishnan: All requirements of custodial interrogation no longer remains. We are past that stage.
#ManishSisodia #CBI #Bail
#ManishSisodia #CBI #Bail
Krishnan: In my respectful submission, nothing exceptional has come out which will justify continued custody of the accused. No material is there to show that I will influence the witnesses.
Krishnan: The FIR is from August last year. It is not even their apprehension that I will influence the witnesses. Their reason for arresting me is different.
Krishnan: Their argument is that i destroyed my phones.
Krishnan: They are saying I changed my phone on the day the matter was referred for investigation by the CBI. In my submission, this is stretching the argument.
Krishnan: I am not a flight risk. I have deep routes.
Krishnan refers to health of Sisodia's wife.
Krishnan: She suffers from a degenerative disease.
#ManishSisodia #CBI #Bail
Krishnan: She suffers from a degenerative disease.
#ManishSisodia #CBI #Bail
The allegations against the applicant is that the accused manipulated the policy. There is no documentary evidence or allegation that i received kickbacks: Krishnan.
These are government policies. Criminal intent cannot be deciphered from a government policy. I have said that it was put before the LG. It has gone through the seal of the LG and the law secretary: Krishnan.
Krishnan: The issue of profit margin and tender eligibility is something that went before the LG, Law Secretary and Finance Secretary without any adverse comment. This has also gone to the High Court as well. I have placed those orders on record as well.
There is no likelihood of this trial starting or finishing any time soon. I am the only accused in custody in this case. Therefore, I request you kindly grant me bail in the CBI case: Krishnan.
Mathur: The intent of legislature in interpreting Sec 41a CrPC is not to extract confession every time.
They keep saying that I am not cooperating. It means they could not elicit anything which means there is a possibility that there was nothing that could be elicited: Mathur.
The HC has said that if the case is of documentary evidence then there is no need for the person to be kept in custody: Mathur
Mathur: I am available here. My movements are in public eye, so there is no apprehension that I will run away. Any further custody would be an incarceration which is not justified.
Mathur: The SC has said that if a decision has been approved by the cabinet and ratified later by all authorities then it is a policy decision and collective decision.
#ManishSisodia #CBI #Bail
#ManishSisodia #CBI #Bail
Mathur also refers to Sisodia's wife's health condition.
My son is not in India. This ailment is a 20 year old ailment. These ailments do not get cured, you can only slow down the degeneration: Mathur.
My son is not in India. This ailment is a 20 year old ailment. These ailments do not get cured, you can only slow down the degeneration: Mathur.
The HC considered the ailment and said that after the PC is over he shall be released on bail. This order was later confirmed: Mathur.
Mathur: Chargesheet has been filed, investigation has been done. We are good 24 days in custody, there is no further need.
Singh: Let me put the things in perspective. The person we are dealing with is handling 18 ministries. We don't find that very often. He handles finance and also takes care of excise.
He asks for a report, report is made by Ravi Dhawan. As a simple man he should have either accepted it or rejected it. But this upsets him: Singh.
Singh: The officer elaborated on three models. One that existed, second let individuals get the license and third that if you want to privatise, you can minimise govt control but you can't just do away with it. This did not augur well. So the minister removed him and brought in… twitter.com/i/web/status/1…
Singh: Minister asked Singh to put up a note. He said put the report prepared by Dhawan in public domain.
Judge: Are you saying the comments were fabricated?
Judge: Are you saying the comments were fabricated?
Singh: No. The most important thing is that three legal opinions were also taken by the parties and they were pit on the portal. It was by Mukul Rohatgi. Shri Ranjan Gogoi, former CJI and Justice KG Balakrishnan, also former CJI.
Singh: These opinions advocated status quo. It was taken by private player. Rahul Singh annexed these comments with his report and it was given to the Cabinet.
Singh: When it came before the cabinet, Manish Sisodia again flared up on the officer. He called him whatever he could say to a public servant. He asked for his removal. Ge may not be a flight risk but he is someone who could destroy evidence and threat to witnesses is also… twitter.com/i/web/status/1…
The note put before the cabinet is not there and there are no minutes of meeting available: Singh.
Court: Only for this or for any other meeting also?
Kisi bhi meeting ki minute nahi hai sir. Puri file hi gayab hai: Singh.
Court: Only for this or for any other meeting also?
Kisi bhi meeting ki minute nahi hai sir. Puri file hi gayab hai: Singh.
Singh: The officer is again changed and the new officer is Sanjay Goyal. Another report is prepared and there is no reference to what happened between Dhawan and Singh.
The very next the officer assumes charge, a fresh report is prepared without any reference to legal opinions: Singh.
Singh: Please see the intent. There are four senior officers who are telling all these things in details.
Singh: It's not only the mobiles but the files were also destroyed. When all this came out, an ex post facto approval was also tried.
Sisodia says he destroyed phones because he wanted to upgrade. There was no upgradation done. He was using apple phone, in three months it would be outdated? He wanted to destroy the chat: Singh.
A person is saint till the time his irregularities are discovered: Singh.
Mathur: All these adjectives that we hear... I ask him to refrain from it. They are no one to give me a certificate. Please refrain from this.
Krishnan: This is all for the press.
Krishnan: This is all for the press.
Singh: I don't think i have used any objectionable adjective.
Mathur: You know what you are doing. You have been in this profession 30 years.
Mathur: You know what you are doing. You have been in this profession 30 years.
Singh: I was sitting and we heard what they called the agency.
Judge: Their main contention is that the offences do not cardy punishment for more than seven years, he will not destroy the evidence and he is not a flight risk.
Judge: Their main contention is that the offences do not cardy punishment for more than seven years, he will not destroy the evidence and he is not a flight risk.
I have 60 days to file the chargesheet, now that he knows what has been put to him, there are officers that we are reaching out to, If he comes out he will jeopardize my investigation: Singh.
He is in a position to destroy the evidence and affect the witnesses: Singh.
Singh: I am showing to this court, the tell-tale signs that it is not such a simple and innocent case. It can't proceed on the mathematical formula that all others have been granted bail.
There are sufficient circumstances here...
Judge: Were there any complaints from the public?
Mathur: Daru sasti mil rahi thi aur kya chahiye?
Judge: Were there any complaints from the public?
Mathur: Daru sasti mil rahi thi aur kya chahiye?
Judge: How much kickback has been received according to you?
Singh: Our case is Rs 100 crore was given.
Singh: Our case is Rs 100 crore was given.
The amount of money is not important. We have evidence that they were given clauses after clauses and they were then made part of the policy: Singh.
Singh: The South group flew in and stayed at Oberoi hotel. They took printout from the computer of Mr Sisodia, took it for the meeting, whatever changes is done, they take a copy of that...
Our investigation is going on, today we are absolutely sure that 36 pages photocopy was taken. Immediately after a car was booked, it goes to Civil Lines and the location of the car is the office of Vijay Nair: Singh.
Judge: How many pages was Group of Ministers report?
Singh: Exactly 36 pages.
Singh: Exactly 36 pages.
Singh: Initially, there were two significant things. The commission was 5% and eligibtilty was Rs 100 crores. After conference, the commission becomes 12% and eligibility criteria becomes Rs 500 crores.
On April 20 everything is prepared, it goes to the LG. on 19 there is a note that a discussion has taken place and LG has made some suggestions. That input is incorporated on April 20. On 21 April, the council of ministers sign and every officer signs it on the same day: Singh.
These were days of peak Covid. By a chartered plain these people of South Group flew in to Delhi: Singh.
The recommendations of the South Group have been taken word by word: Singh.
Singh now refers to a firm.named Indospirits.
It was a blacklisted company. Sisodia pressed that this company had to be included. They were finally given licenses against all norms: Singh.
It was a blacklisted company. Sisodia pressed that this company had to be included. They were finally given licenses against all norms: Singh.
Krishnan begins his rebuttal arguments.
Krishnan: I am not holding any public post now. In any case, the LG is dealing with the civil servants. The issue of control is with the Supreme Court now.
Krishnan: All of the other arguments is irrelevant for consideration of bail. I am not South Group, i am not Bucthibabu.
Krishnan: Please keep one thing in mind while dealing with policy decisions... Merely because a second view is possible does not make it a crime.
Krishnan: Some argument was made that opinions were sought from Mr Rohatgi and others. I can show you several judgements that such opinions are irrelevant.
Mathur: Whether I have 18 ministries or not is irrelevant. What the other side has not informed that only 7 people can be in the Delhi cabinet.
Mathur concludes.
Court lists the matter on March 24 at 2pm for further arguments and filing written submissions.
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