'₹ 338 cr transfer established'... SC denies Sisodia bail in Delhi Excise Policy case; tells court to finish trial in 6-8 months

The Supreme Court dismissed two separate regular bail pleas of former Delhi deputy CM Manish Sisodia in the corruption and money laundering cases, which was reserved on October 17. A bench comprising justices Sanjiv Khanna and S V N Bhatti said "one aspect regard to transfer of money Rs 338 crores, is tentatively established. We dismiss application for bail"

New Delhi: The Supreme Court Monday dismissed bail pleas of former Delhi deputy chief minister Manish Sisodia who was arrested in the Delhi liquor policy scam.

A bench comprising justices Sanjiv Khanna and S V N Bhatti said “one aspect regard to transfer of money Rs 338 crores, is tentatively established. We dismiss application for bail”. On October 17, the Supreme Court had reserved the order on bail pleas of Sisodia.

The apex court had said the trial should be completed in 6-8 months and Sisodia can apply for bail again if the trial proceeds slowly.

During the hearing, senior advocate Abhishek Manu Singhvi, representing Sisodia, had submitted before a bench comprising justices Sanjiv Khanna and S V N Bhatti that there was no allegation of bribery against his client in the CBI predicate offence under the Prevention of Money Laundering Act (PMLA).

Singhvi had stressed that if there is no predicate offence, ED can't be there and the bribe in connection with the modification of the liquor policy with regard to airport licences, is not part of the predicate offence.

Justice Khanna had asked additional solicitor general S V Raju, representing the CBI and ED, if it is not part of the predicate offence that this bribe was paid, then “you may be in difficulty in proving PMLA”.

The bench further queried if you had said a bribe of Rs 2.2 crores was paid for tweaking the policy, yes. “But you cannot create a predicate offence in your PMLA case. We cannot go on an assumption. Whatever protection is given in the law will be fully extended”, observed the bench.

Raju argued that as per Section 66 (2) of the PMLA, the ED can intimate the jurisdictional police about any new information. The bench said it has not been done, therefore the court will not go on presumption. Singhvi contended that the generation of proceeds of crime occurs only in the predicate offence as per the Vijay Madanlal Chaudhary judgment. After hearing detailed submissions, the apex court reserved its order.

The agencies have alleged that AAP used the money for campaigning in the Goa assembly elections. They also claimed that AAP was a beneficiary of the kickbacks received from stakeholders who got liquor licences as part of a quid pro quo.

While hearing the plea, the apex court said the ED cannot go by the assumption of bribe having been paid, and observed that whatever protection an accused enjoys under law has to be granted.

Singhvi also argued there is nothing directly linking Sisodia to the proceeds of crime and that he was not a flight risk and hence he deserved to be out on bail.

"You can't keep me (Sisodia) behind bars indefinitely when the trial is yet to start. There are 500 witnesses and 50,000 documents to be examined in the case and there is no evidence linking me," Singhvi informed the bench.

Singhvi explained that the liquor policy was a result of institutional, multi-layered decision making process spread over a year and that there was no material found directly linking Sisodia to the allegations.

"As far as allegations of tampering of evidence is concerned with regard to destruction of mobile phones, those phones were my official phones which I can't give to anyone else. So they were discarded, that too, two months prior to registration of FIR in the case," he said.

Raju informed the top court that the trial in the corruption and money laundering cases can be finished in 9 to 12 months. He opposed any move to grant bail to Sisodia.

Sisodia was arrested by the CBI on February 26 for his alleged role in the 'scam'. He has been in judicial custody since then.

The ED which joined issue with the CBI had arrested Sisodia in a money laundering case stemming from the CBI FIR on March 9 after questioning him in Tihar Jail.

Sisodia submitted his resignation from the Delhi cabinet on February 28.

His bail plea was earlier thrown out by the high court in the CBI case on May 30. The HC said having been the deputy chief minister and excise minister is a "high-profile" person who has the potential to influence the witnesses.

His another plea was declined by the HC on July 3 in the money laundering case. The court held that the charges against him are "very serious in nature" in the case linked to alleged irregularities in the city government's excise policy.

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