Breaking - Delhi Court Extends Manish Sisodia's ED Custody By 5 Days

A Delhi Court on Friday extended Aam Aadmi Party (AAP) leader and former Deputy Chief Minister's Enforcement Directorate (ED) custody for further five days in a money laundering registered in connection with national capital's excise policy of 2021-22.

Special Judge MK Nagpal pronounced the order after hearing the ED counsel Zoheb Hossain and Senior Advocates Mohit Mathur and Siddharth Aggarwal, who appeared for Sisodia. The judge asked the agency to produce Sisodia again before it on March 22.

Sisodia was produced before court on the expiry of seven days of ED custody. The agency today sought further seven days of custody of AAP leader to interrogate him in the matter. Sisodia is already in judicial custody in the CBI case.

Hossain informed court that Sisodia was confronted with a few individuals including the Excise Commissioner and an IAS officer who was present in all GOM meetings. He added that multiple statements of Sisodia were recorded and that he has to be confronted with one of the officials.

Furthermore, the court was informed that the investigation revealed that Sisodia was using a mobile phone since last eight months which was changed on July 22, 2022, the day when the Lt. Governor forwarded the complaint to CBI.

Appearing for Sisodia, Senior Advocate Mohit Mathur submitted that there is not even a whisper about the aspect of proceeds of crime in ED’s application seeking extension of remand, which is fundamental for the alleged offence.

“Entire points they mentioned are regarding what CBI investigated in the liquor scam, as per them. One agency has taken email dump and interrogated me in October. Did it take them so much time to again take mail dump and seek remand again?”, he said.

Mathur contended that the ED wants to replicate the whole process again which has already been done by the CBI. 

“In August 2022, ECIR is registered. My computer is seized, investigated, forensics done by one agency. Now other agency wants to replicate whole process again,” he said.

Mathur added: “They've to show proceeds of crime and how am I involved in it. If they investigate for seven months and then come to court seeking my remand then they've to do something. That is why I've moved this application opposing remand… They need to tell court what they've done on the aspect of proceeds of crime. Are they proxy agency of CBI? They've to show proceeds of crime, not the crime. CBI calls same people and so do these people.”

While remanding him to ED custody, the court had last week observed that Sisodia was instrumental at every state in the formulation and implementation of excise policy and that his arrest in the money laundering registered was justified.

ED has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12% to certain private companies. It has said that such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The agency also submitted that there was a conspiracy which was coordinated by Vijay Nair and other individuals along with South Group in order to give extraordinary profit margin to wholesalers. It was contended that Nair was acting on behalf of the Chief Minister and Deputy Chief Minister of Delhi.

On destruction of evidence, ED has said that Sisodia destroyed 14 phones out of which only two were recovered. It was also submitted that the AAP leader used sim cards and phones which were purchased in the name of others individuals.

On February 27, the trial court had remanded Sisodia to CBI's custody for five days. He was later again sent to CBI custody for two more days. On March 06, he was sent to judicial custody in the CBI case. It was during judicial custody that he was arrested by the ED.

Sisodia was arrested by the CBI on February 26 after an interrogation of more than 8 hours. He was named as an accused in the FIR. It is the case of the probe agency that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.

The CBI alleged that Sisodia was arrested as he gave evasive replies and did not cooperate with the investigation despite being confronted with evidence.

CBI had commenced a second round of questioning. Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022.

The CBI FIR states that Sisodia and others were instrumental in “recommending and taking decisions” regarding the excise policy 2021-22 “without approval of competent authority with an intention to extend undue favours to the licensee post tender.”