Delhi HC Denies Bail to Manish Sisodia Over Grave Misuse of Power in Liquor Scam

In a significant development, the Delhi High Court has dismissed the bail pleas of former deputy chief minister Manish Sisodia in cases filed by the ED and CBI concerning the alleged liquor scam. The court stated that the matter involved grave misuse of power and breach of public trust by Sisodia. It also noted that he allegedly indulged in the destruction of crucial evidence, including electronic evidence. Justice Swarana Kanta Sharma highlighted Sisodia's influence within the Delhi government, as he held 18 portfolios in the city administration.The court observed that many witnesses are public servants who have given statements against Sisodia, and the possibility of him trying to influence them cannot be ruled out. The Aam Aadmi Party (AAP) expressed its disagreement with the Delhi High Court's decision and announced its intention to approach the Supreme Court to seek justice for Sisodia.The high court had reserved its order on the bail pleas on May 14 after hearing arguments from the AAP leader, CBI, and ED. The court rejected the bail pleas on Tuesday, stating that the case involved a grave misuse of power and breach of public trust by Sisodia, who was serving as deputy chief minister of Delhi at the relevant time.The high court said that as a minister with 18 portfolios, including the Department of Excise, Sisodia was entrusted with formulating a new liquor policy for Delhi. However, it found that he subverted the policy-making process by fabricating public feedback to suit his predetermined goal. The court also said that the integrity of the decision-making process was compromised.On Sisodia's application seeking interim relief, the court allowed him to continue meeting his ailing wife in custody every week on the same terms and conditions provided by the trial court. Sisodia has challenged a trial court's April 30 order rejecting his bail pleas in corruption and money laundering cases lodged by CBI and ED, respectively, in connection with alleged irregularities in the formulation and execution of Delhi's now-scrapped excise policy for 2021-22.On Tuesday, Special Judge Kaveri Baweja of the trial court extended Sisodia's judicial custody in the money laundering case until May 31. Sisodia was arrested by CBI on February 26, 2023, for his alleged role in the liquor scam and later by ED in a money laundering case stemming from CBI's FIR on March 9, 2023. He resigned from the Delhi cabinet on February 28, 2023.In its order on Tuesday, the high court said that Sisodia had not been able to make a case for grant of bail. It added that ED had made out a prima facie case of commission of money laundering under PMLA provisions against Sisodia. The court observed that instead of genuinely seeking public opinion, pre-drafted emails containing specific suggestions aligning with his own interest were sent to Excise Department's designated feedback email address under the guise of public feedback or opinion by individuals instructed by Sisodia himself.Justice Sharma said that this deceptive act was a calculated move to create an illusion that excise policy was formed after careful consideration of feedback received from the public. In reality, however, feedback was manufactured to justify Sisodia's decision to formulate excise policy in defiance of expert committee report. The court noted that alleged corruption in this case originated from Sisodia's desire to create a liberal policy benefiting select individuals in return for a substantial amount.Regarding delay caused by accused in proceedings before trial court, high court said similarity in legal approach adopted by different counsel for accused does not necessarily constitute delaying tactic. It added that each accused is entitled to pursue their defence independently and according to their legal rights and is entitled to a fair and impartial trial.The high court found no delay on part of prosecution to supply documents to accused or on part of trial court. It said no fault could be found with ED or CBI as there is voluminous record of investigation. The high court also said it could independently apply its mind to facts of case and decide bail application.While seeking bail for Sisodia, his counsel had submitted before high court that ED and CBI are still arresting people in money laundering and corruption cases and there is no question of early conclusion of trial. Both ED and CBI opposed Sisodia's bail pleas on grounds that there are concerted efforts by accused to delay process of framing charges in case.Probe agencies have alleged beneficiaries diverted illegal gains to accused officials and made false entries in their books of account to evade detection. According to agencies, irregularities were committed while modifying excise policy and undue favours were extended to licence holders. Delhi government implemented policy on November 17, 2021 but scrapped it at end of September 2022 amid allegations of corruption.Delhi minister Atishi addressed a press conference stating excise policy case is political conspiracy by BJP. She said AAP respects HC but disagrees with its decision. Atishi alleged liquor scam is political conspiracy by BJP aimed at attacking AAP and crushing party.