HC rejects Sisodia’s bail plea, says allegations against him serious

NEW DELHI, May 30: The Delhi High Court on Tuesday denied bail to AAP leader Manish Sisodia in the excise policy scam case being probed by the CBI, saying having been the deputy chief minister and excise minister, he is a “high-profile” person who has the potential to influence the witnesses.

It said since Sisodia was at the “helm of affairs” when the alleged scam took place, he cannot say he had no role to play.

The High Court said with his party still in power in the national capital, Sisodia, who held 18 portfolios, continues to wield influence, and since the witnesses are mostly public servants, the possibility of their getting influenced cannot be ruled out.

“The applicant (Sisodia) was one of the most important functionaries in the government at the relevant time. The applicant at this stage cannot be seen saying that he had no role to play. He being the Deputy Chief Minister and minister of excise was at the helm of affairs. The witnesses in the present case are mostly public servants.

“Presently also, the party of the applicant is in power. Therefore, it cannot be disputed that the applicant is a high profile person and has potential to influence the witnesses. Therefore, the apprehension of the CBI that the applicant might tamper with or otherwise adversely influence the witnesses cannot be ignored. The applicant is also not entitled to parity in view of his unparalleled position,” Justice Dinesh Kumar Sharma said in a 43-page judgment.

Sisodia was arrested by the CBI on February 26.

The high court said the allegations against him are very serious in nature.

Citing the allegations against the AAP leader, it said, the excise policy was formed at the instance of the “South Group” with malafide intention to give undue advantage to them.

“Such an act points towards the misconduct of the applicant, who was admittedly a public servant and holding highest position. The statement of the concerned excise officers has been relied upon by the CBI,” it said.

The High Court said it was restraining itself from making any comments and minute examination of the material on record so  no prejudice is caused to Sisodia or the prosecution during the trial.

The gravity (of offence) and the allegations do not entitle the accused to be admitted to bail, it said, adding the court is clear about the fact that the excise policy has not been examined in the present proceedings nor the powers of the government to frame   economic policies.

“This court has no doubt in its mind that it is for the executive /elected government to decide the policies. There is also no doubt that the government is not bound to accept the recommendation of

any expert committee.

“The government is answerable to the public at large and they are duty bound to frame the policies which to their understanding is best for the welfare of the public,” the court said.

It said economic policies framed by the government also fall within their domain and courts have to be very slow in interfering with them.

“However, the court cannot interfere into the same, only if such policy decisions have been taken bonafidely and in the interest of the public. But if such policy decisions or schemes are alleged to have been taken malafidely or have the taint of any corrupt practice then certainly such decisions are required to be enquired into by concerned investigating agencies and examined by the court,” the high court said.

It also said the AAP leader failed the triple test required for grant of bail in the view of the seriousness of the allegations and his position.

Under the triple test, an accused can be granted bail if it can be established that he or she is not a flight risk, will not influence witnesses and will not tamper with evidence.

“Though the petitioner has resigned from the post of minister, but still his position is influential qua the witnesses. In the facts and circumstances, the petitioner is not entitled to bail,” Justice Sharma said.

The High Court noted Sisodia is indisputably a prominent leader of the Aam Aadmi Party which runs the present government in Delhi.

It said the grant of bail is a discretionary jurisdiction which has to be exercised judicially and within the four corners of law. It cannot be allowed to be influenced by any arbitrariness, the court said.

“There are statements under Section 161 CrPC of the successive commissioners of excise including Ravi Dhawan, Rahul Singh, Sanjay Goel and C R Gopikrishnan who have indicated towards the role of the applicant,” the high court said.

The Central Bureau of Investigation (CBI) had arrested Sisodia for alleged corruption in the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22 following several rounds of questioning.

Sisodia had challenged the March 31 order of the trial court which had dismissed his bail plea saying he was prima facie the “architect” of the alleged scam and had played the “most important and vital role” in the criminal conspiracy related to alleged payment of advance kickbacks of Rs 90-100 crore meant for him and his colleagues in the Delhi government.

Sisodia, who was arrested on March 9, is currently in judicial custody in the case lodged by the Enforcement Directorate (ED). His bail plea in the money laundering case was dismissed by the trial court and the challenge is pending before the high court.

While the CBI opposed the bail plea contending that Sisodia is the “kingpin and architect of the conspiracy” and his influence and clout disentitle him to any parity with the co-accused enlarged on bail, the AAP leader had urged the high court to grant him bail claiming no money trail linking him to the proceeds of alleged crime has been found.

The ED is investigating the money laundering case against the AAP leader that stems from a CBI FIR.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours were extended to licence holders.

The Delhi government implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption. (PTI)