Thread by @barandbench

[Delhi Excise Policy scam] Delhi's Rouse Avenue court to hear today former Delhi Deputy Chief Minister Manish Sisodia's bail plea in the money laundering case.

Hearing at 2pm before Judge MK Nagpal.
#RouseAvenueCourt #ManishSisodia #MoneyLaundering #ED @msisodia

Sisodia reaches court.
#ManishSisodia #MoneyLaundering

Judge MK Nagpal presides.
Special Counsel Zoheb Hossain begins with his submissions for the ED.

We are handing over another affidavit which contains the additional material that we have unearthed.

Hossain: Every process of activity dealing with proceeds of crime is money laundering.

Judge: Ye sab argue ho gya hai.

Hossain: I will fine tune the arguments and argue new points.

He played a key role in modifying and implementing the modified policy: Hossain

They said the statements of the officers are self-serving and that they are under the control of the LG: Hossain.

Hossain: I will show that the policy was without any deliberation and discussion.

Hossain: This is not a simple policy decision. The cartelisation was done.

The model suggested by the expert committee was that individuals will apply and they will get two retail vends. This was to avoid cartelisation. This was supposed to happen through the lottery system l. However, Mr Sisodia preferred the limited entity model: Hossain.

Hossain: All the elements of conspiracy are present here.

Hossain: The argument was made that deviation from the expert committee is not an offence... This was not a case of simplicitor deviation from the expert committee.

Hossain: Let us assume that this 12% margin is kept and the recommendations that the government should do it was accepted, this revenue would have gone into the government kitty.

Hossain: We have ample statements to show that the 6% of the 12% was meant as kickbacks.

Hossain: The argument that policy was drafted in the excise department is a complete bogey.

Hossain: The argument that these are policy considerations and the court should not second guess is a complete bogey.

Policy making does not happen telepathically. They cite three reasons to increase the profit margin. These are that licence fee increased from Rs 5 lakh to Rs 5 crore, transport charges increased and labs were to be set up.

Hossain: A policy which is touted to be transparent, which is meant to be fair is introduced without any deliberation?

An illegal ecosystem was created to give illegal benefits to liquor cartels in lieu of kickbacks: Hossain.
#ManishSisodia #MoneyLaundering

Hossain refers to the Delhi HC's judgement in the Satyendar Jain case where the court denied him bail in the money case.

We have evidence that Mr Sisodia had emails planted. These have been received not only in the official email account of the excise department but even in the personal email account of Mr Sisodia: Hossain.

Hossain: This is another proof of conspiracy. The content of the email was given by Mr Sisodia which suited his agenda.

Hossain: The directions to send these pre drafted emails were given to Shri Zakir Khan, chairman Delhi minorities commission. Zakir Khan then asked his interns to send these emails... Fabricated emails to show public approval for a policy. This is a sham approval.

Hossain shows the court the sample emails.

Intern ko dhamkaya gaya hoga ki agar nahi bhejoge to tumhari internship cancel: Hossain

Agar lottery system hoti to cartelisation nahi hota: Hossain.

Judge: Lottery me bhi ho jaati hai. Pehle bhi to aese hi hota tha. Parchiyan bana ke rakh li jaati thi.

Hossain: We want to show the case file. There are corroborating documents also.

Advocate Vivek Jain (for Sisodia): If they are relying on something behind my back... It should be put to me as well.

Hossain: Sixty days are not over. We will put it to you after sixty days.

Jain: Sealed cover business should go. If something is used against me to deny me my liberty.. My argument is only what is fair.

Hossain: P Chidambaram is not overruled yet.

Judge: What is part of the case diary can't be put to you.

Jain: If something is relied on by the other side and my lord is considering it...

Judge: The investigation is going on.

Jain: It has been going on since August last year.

Jain: If something is being considered by your lordships then it has to be put to me as well.

Judge: Some fresh statements have come...

Hossain: Please note the manner in which the Indospirits file was cleared. Till date there is no knowledge about the phones.

Hossain now cites the judgements.
#ManishSisodia #MoneyLaundering

Hossain concludes.
#ManishSisodia #ED

Court lists the matter for April 18 for Sisodia's counsel's rebuttal.