
Supreme Court Cautions CBI and ED on Prolonged Detention of Manish Sisodia
Supreme Court Cautions CBI and ED on Prolonged Detention of Manish Sisodia
In a recent development, the Supreme Court delivered a stern message to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), emphasizing that they cannot detain former Deputy Chief Minister and AAP leader, Manish Sisodia, indefinitely in connection with the Delhi excise policy cases. The bench comprising Justices Sanjiv Khanna and SVN Bhatti questioned Additional Solicitor General SV Raju, representing the two investigative agencies, about the commencement of arguments on the charges against Sisodia in the trial court.
Setting a Limit on Detention
The Supreme Court bench firmly conveyed that Mr. Sisodia should not be detained for an undetermined period, stressing that once a chargesheet is filed in a case, discussions regarding the charges should promptly begin. The court instructed Raju to provide information on when these arguments on charges would begin, with a deadline set for the following day.
CV Raju, representing the CBI and ED, clarified that the cases against Mr. Sisodia were currently at the stage of section 207 of the Criminal Procedure Code (CrPC), which deals with the supply of documents to the accused. He asserted that the arguments on the charges would follow this stage. Justice Khanna requested that Raju provide an update on this matter by the next day.
The Complex Case and the Road to Bail
During the hour-long hearing, Raju justified the denial of bail to Sisodia by highlighting the importance of setting an example, given the accused’s high-ranking position as Deputy Chief Minister holding multiple portfolios, including that of the excise department. He presented evidence, such as WhatsApp chats and other communications, to substantiate allegations of conspiracy and money laundering.
Raju further asserted that there was substantial material supporting the money laundering offense and the claim that Sisodia had tampered with evidence by destroying his mobile phones. He also cited an instance where a wholesaler was allegedly forced to relinquish their license while a firm was granted a license despite not meeting the criteria.
The discussion extended to the statement of Delhi businessman Dinesh Arora, an accused-turned-approver, who reportedly revealed the bribes taken by Sisodia. Raju mentioned that Arora had initially hesitated to share this information out of fear for his safety. When questioned about prior approval under section 17A of the Prevention of Corruption Act, Raju confirmed that such approval had been obtained.
Ongoing Proceedings
The hearing ended inconclusively, with the Supreme Court deciding to continue proceedings on the matter the following day. In a previous hearing on October 5, the court had posed questions to the CBI and ED regarding the Delhi excise policy ‘scam’ and inquired how a case had been established against Sisodia. The court stressed that the presence of lobby or pressure groups seeking policy changes did not necessarily imply corruption or a crime, unless bribery was involved.
Manish Sisodia was arrested by the CBI on February 26 in connection with the ‘scam’ and has remained in custody since. The ED arrested him on March 9 in a money laundering case related to the CBI’s FIR. Sisodia resigned from the Delhi cabinet on February 28. The high court had previously denied him bail in both cases, citing his high-profile status and the serious nature of the charges against him.
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