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Synopsis

In the bail plea filed by former Delhi Deputy Chief Minister and AAP leader Manish Sisodia in connection with the Delhi excise policy scam case registered by the Central Bureau of Investigation (CBI), Additional Solicitor General (ASG) SV Raju concluded his submissions before the Delhi High Court on Wednesday.

Opposing the bail plea, ASG Raju, on behalf of the CBI submitted before the bench of Justice Dinesh Kumar Sharma that if Manish Sisodia is given bail, he will influence evidence.

The ASG submitted that "5% to 12% in the interest rate was made to get the kickback money. He (Sisodia) made the policy in such a way that guaranteed return in the form of kickbacks comes”. He argued that it was a bonafide conspiracy with ulterior motives. There are no notes, no discussion, nothing at all, nothing on how 5-12% interest rates were made, he said.

"The file must consist of the reason for the increase in the interest rates. Why are they giving so much benefit to the wholesalers? Only so that they can get benefits in the form of kickbacks", he added.

Referring to the GoM report of March 22, Raju submitted, "If we cross-check it with the chats of Buchi Babu (on March 20) it is a very clear and direct connection. The content is the same, serial-wise. It is not that we are shooting in the dark. The policy was drafted as they wanted. There is ample evidence and if a holistic view is taken....", he said.

The single-judge bench adjourned the matter and listed it for rebuttals tomorrow i.e. May 11.

On the last hearing, the ASG had contended that “Sisodia concealed the legal expert's opinion given by eminent personalities as well. He hadn't mentioned it anywhere. It was ignored completely. They (members of AAP) did not include it in the policy”. The ASG had submitted that there was a draft note prepared by one Rahul Singh (who succeeded Ravi Dhawan) on the instance of Manish Sisodia, which can be proved with their WhatsApp chats. “The original is missing. Only a part of the draft has been retrieved from the phones”, he had added.

Earlier, the ASG had submitted that Sisodia’s case is not of approval, his case is only of apprising the Lieutenant Governor (LG). “Our submission is there was no approval from the LG on the Excise Policy”, he had said.

“Manish Sisodia and his colleagues wanted kickbacks, they wanted to change the policy. To get that they wanted private players as wholesalers. When they saw Ravi Dhawan Committee's suggestion, they (Aam Aadmi Party) understood they'll not be able to get kickbacks, they'll not be able to make money”, the ASG had contended.

He had argued, “The committee in its report had stated that by lottery system it will be purely on the basis of luck. It was not in favor of private players being involved. This was not in their favor. Sisodia did not like the report of the committee!”

It is CBI's case that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.  On February 26, the CBI commenced a second round of questioning after Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022.

Case Title: Manish Sisodia v. Central Bureau of Investigation

Statue: The Code of Criminal Procedure