New Delhi: The CBI has told the Supreme Court, opposing the bail plea filed by former Delhi Deputy Chief Minister Manish Sisodia in the Delhi excise policy case, that the AAP leader continues to have great influence over the officers/officials who have worked under him during his ministership and is highly influential.
The CBI has stressed that there are reasons to believe if he is released on bail, he may influence the witnesses of the case, and it is also apprehended that he may also tamper or destroy the evidence of the case more specifically in light of his past conduct.
"Investigation of the case is at the final stage. If the petitioner is released on bail there is every likelihood that he will thwart the investigation herein, more specifically when he has failed to meet the triple test, as laid down by this court in a catena of decisions," said the CBI, in an affidavit submitted in the Supreme Court.
The central agency said parameters governing the grant of bail are well defined. "Such factors, in addition to apprehensions of tampering with evidence and influencing witnesses, also include the nature and gravity of the offence," it said.
The CBI emphasised that such nature and gravity further magnifies the economic offences which connote a class apart, and have the tendency of affecting the economic system to the detriment of the country.
The CBI insisted that in such cases, public interest may take precedence over individual liberties. "More specifically, when the allegations are primacy made out and there is a clear case of not only destruction of critical evidence, but also a situation of misuse of power to influence people connected to the case and derail investigation," it said.
The CBI filed its written response opposing Sisodia's bail in the now-scrapped 2021-22 Delhi excise policy case. The central agency said the petitioner was holding very high and powerful posts in the Aam Aadmi Party as well as the government of NCT of Delhi since the last one decade.
"He was controlling around 18 departments under different ministries in the Delhi government. He continues to have great influence over the officers/officials who have worked under him during his ministership and is highly influential. There are reasons to believe if he is released on bail, he may influence the witnesses of the case. It is also apprehended that he may also tamper or destroy the evidence of the case more specifically in light of his past conduct," it said.
The CBI said he had been instrumental in the destruction of a vital file of Cabinet Note and his mobile phone on the date July 22, 2022, on which the matter was referred to the CBI by the Ministry of Home Affairs.
"The denial of the permission to investigate the public servants in Punjab and the ex post facto given on July 14, 2022, after the report of the Chief Secretary re the alleged offences, to the decisions taken by the petitioner given by the Cabinet show his influence," said the CBI's affidavit, adding that Sisodia's role, conduct, and clout make him disentitled to parity.
The CBI said though the petitioner is not a flight risk, there are circumstances peculiar to the petitioner and his bail out to be decided on the unique facts and circumstances here in, and added, he "has been instrumental in the entire conspiracy of tweaking and manipulation in the formulation and implementation of the excise policy".
The CBI said Vijay Nair, a close associate of Sisodia, held a meeting on March 1, 2021, with the representatives of one of the liquor manufacturer groups and demanded illegal gratification for formulation of a favourable excise policy.
The agency said the WhatsApp chats recovered from the mobile phones of the accused persons from South Group, pertaining to this period, revealed that the South Group made 2-3 visits to Delhi for tweaking and freezing of policy.
The CBI further said Sisodia in active connivance with other accused, dishonestly and fraudulently introduced favourable provisions in the excise policy to cause undue favour to the accused persons of South Group and in lieu of which Rs 100 crore (approximately) were obtained from the South Group.
The CBI said it has also been revealed that a major part of this ill-gotten money was used for making cash payments to different vendors and volunteers by the Aam Aadmi Party during the assembly election in Goa in 2021-22
The CBI said Sisodia constituted an expert committee to formulate the liquor trade in the capital, however, the suggestions given by the committee was against his agenda therefore he decided to create false feedback in order to avoid these suggestions. "To achieve the same, he planted emails containing content which was in contrast to the suggestions of the expert committee report," said the CBI.
"It is submitted that not only the petitioner herein fabricated and concocted pre-decided emails to build a façade of feedback but had also transferred Rahul Singh who was then excise commissioner and later on in connivance with Vijay Nair excluded opinions of legal experts and thereafter destroyed electronic evidence. By destroying his mobile phones, which has been duly noted by the High Court, the petitioner fails the triple test," said the CBI.
The CBI stressed that Sisodia dishonestly and fraudulently wanted to prepare grounds through fabricated public opinions for incorporating provisions in the excise policy as per the nefarious design.
The CBI said Sisodia is delaying the trial and cleverly pinning the blame on the central agency. The Supreme Court on Monday said it will hear on August 5, bail pleas filed by Sisodia, in corruption and money-laundering cases linked to the alleged Delhi excise policy scam.
Sisodia had moved the apex court challenging the Delhi High Court's May 21 order dismissing his bail pleas. Sisodia was arrested by the CBI on February 26, 2023, for his alleged role in the liquor policy case. Later in March 2023, the Enforcement Directorate (ED) arrested him.
