New Delhi: The Delhi High Court on Thursday sought the CBI’s response to former deputy chief minister Manish Sisodia’s bail plea in the excise
policy scam case being probed by the CBI.
Justice Dinesh Kumar Sharma issued a notice on the senior Aam Aadmi Party (AAP) leader’s plea, which claimed he is “totally innocent” and a “victim of political witch-hunt”, and asked the agency to state its stand. “Issue notice. Let reply be filed,” the judge 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 on February 26 following several rounds of questioning.
On March 31, a trial court here had dismissed Sisodia’s bail plea in the matter, saying he was “prima facie the architect” 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.
Before the high court, senior advocates Dayan Krishnan and Mohit Mathur, appearing for Sisodia, challenged the trial court’s decision and pointed out the other accused in the case were either not arrested or have been granted bail.
“This is a plea for regular bail. Everyone except me is granted bail,” Krishnan submitted. Lawyer Anupam S Sharma appeared for the CBI and sought time from the court to file a reply. The court granted two weeks to the probe agency to file its response.
In his plea filed before the court, Sisodia said there is no material to show his involvement in the offences alleged in the FIR and he has never received or ever gained any undue advantage.
“The Applicant is totally innocent, who is a highly respected citizen and he has highest respect for the law. The Applicant is a victim of political witch-hunt, which has led to his arrest by the Respondent on account of ulterior motive to drag the reputation of the Applicant through the mud,” said the plea.
The petition said the excise policy was the “collective responsibility” of the Cabinet and it was implemented after being drafted by the excise department. It was duly approved and Sisodia cannot be held criminally liable for the collective decision of the Cabinet, the excise department, finance department, planning department, the law department and the Lieutenant Governor of Delhi.
“The GoM was only tasked with giving its report and suggestion to the cabinet and the policy had to be ultimately accepted by the Cabinet and various departments of Govt. of NCT of Delhi,” it said.
“Departments of Finance, Planning and Law were headed by the respective Secretaries who are working under the control and authority of the Hon’ble LG of NCT of Delhi... all the officers who granted the Approvals report to the Hon’ble LG of NCT of Delhi, and not the Applicant. That with so many approvals to policy at various levels of Govt. including various Departments of Delhi and Hon’ble LG of NCT of Delhi- the Applicant cannot be made liable for same,” added the plea.
The petition said the trial court has erred in terming Sisodia as the “main architect” of the alleged conspiracy and he is in no position to influence the witnesses or tamper with evidence.