Excise policy: Delhi HC to pass order on Sisodia's interim bail on June 5

The Delhi High Court is scheduled to pass an order on former Delhi Deputy Chief Minister Manish Sisodia's interim bail plea citing medical grounds for his wife's health on Monday.

The bench of Justice Dinesh Kumar Sharma on Saturday after noting down the submissions held during the special hearing, kept the order reserved while seeking a fresh medical report from LNJP hospital where Sisodia's wife was admitted on Saturday morning.

ED's Counsel Zohaib Hossain on Saturday submitted a report in relation to Sisodia's wife's medical issue and opposed his interim bail plea.

Advocate Zohaib submitted that the earlier prescription report and the present prescription report are identically the same. There is no substantial change in her health.

 

Sisodia held 18 portfolios as a minister and did not have time to visit his wife. Now he is creating all these grounds to get bail.

Advocate Zohaib Hossain also informed the Court that documents related to excise policy has been removed from the vigilance secretary's office on the day of the Supreme Court verdict on services and an FIR concerning the removal of documents has been filed and the incident is being probed.

Senior Advocate Mohit Mathur appeared for Sisodia and submitted that Sisodia is the sole caretaker of her wife as his only son is studying abroad.

On ED's submissions that Sisodia held 18 portfolios, it doesn't means he didn't take care of his wife. We also work very hard sometimes we start working from early day to late night, but it doesn't mean, we are not caretakers, we don't go to our home and do not care about our family.

On Friday, the Delhi High Court had allowed former Delhi Deputy Chief Minister Manish Sisodia to meet his ailing wife in police custody on June 3, between 10 am to 5 pm as per rule.

Former Delhi Deputy Chief Minister and AAP leader Manish Sisodia who was brought to his residence on Saturday were not able to meet his ailing wife as she got admitted to LNJP hospital ahead of Sisodia's arrival.

Sisodia recently moved an interim bail citing his wife's illness and sought six weeks' bail.

On Friday, Delhi HC while allowing Manish Sisodia to meet his wife under custody said, "He (Manish Sisodia) shall not interact with media, use a mobile phone or access the internet."

The court had further directed that the medical report be verified and the medical report of Sisodia's wife be furnished by Saturday evening positively.

The Court in order further added that Sisodia will not meet anyone except family members during this period.

The same bench of Delhi High Court on Friday reserved the order on regular bail petitions of Former Delhi's Deputy Chief Minister Manish Sisodia and Vijay Nair, ex Communication in charges of Aam Aadmi Party (AAP) in Enforcement Directorate (ED) case related to Delhi Excise Policy matter.

The same Bench had on Thursday also kept reserved the order on Abhishek Boinpally, Hyderabad Businessman in the same case.

The Trial Court had earlier denied the bail to them.

Recently Delhi High Court dismissed the bail plea of Manish Sisodia in a CBI case alleging corruption in the implementation of the previous liquor policy in the national capital.

The bench of Justice Dinesh Kumar Sharma on Tuesday denied bail to Sisodia and said Manish Sisodia (Applicant) is a powerful person, there is the possibility of him influencing the witnesses.

Last month, Delhi High Court issued notice to ED on Manish Sisodia's bail petitions in a money laundering case in connection with the alleged excise scam.

The Rouse Avenue Court earlier dismissed the bail plea of Manish Sisodia in a money laundering case related to the excise scam stating that "This case of economic offences having serious repercussions upon the general public and society at large as the evidence collected during investigation speaks volumes of his involvement in the commission of the said offence"

Court also noted that some evidence is also alleged to have surfaced during the investigation to show that some part of the kickbacks or bribe amount received from South lobby was spent or utilized in connection with the election campaign of the AAP in Goa and some cash payments through hawala channels are alleged to have been sent to Goa for bearing the said expenses and even some fake invoices are alleged to have been created as a cover-up for the cash amounts transferred through hawala channels.

It was stated that the above cash transfers were made as per instructions of the coaccused Vijay Nair, who was the representative of the applicant and the AAP and also the Media Incharge of AAP and looking after the work related to said elections and he also roped in a company named M/S Chariot Productions Media Pvt. Ltd. owned by the coaccused Rajesh Joshi to do the election-related advertising work and other jobs for the party during said elections, noted the court.

Thus, in view of the above background, the serious nature of the allegations made and the role played by the applicant in the above criminal conspiracy, his connection with the activities relating to the generation or acquisition and use etc of the above proceeds of crime within the meaning of Section 3 of the PMLA and the oral and documentary evidence collected in support of the same and as placed for the perusal of the court, this court is of the considered opinion that even if the rigours and restrictions contained U/S 45 of the PMLA are viewed and construed reasonably, the prosecution has still been able to show a genuine and prima facie case for the involvement of the applicant in the commission of the alleged offence of money laundering.

The ED on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.

Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD).