Delhi Liquor Policy Case: From K Kavitha To Vijay Nair — What ED Said In Court Seeking Sisodia’s Remand
Delhi court heard ED's plea seeking Manish Sisodia's 10-day remand in the Delhi excise policy case. During the hearing, the agency detailed several points to back its demand of Sisodia's custody.
Delhi Excise Policy: Delhi's Rouse Avenue court on Friday witnessed an intense series of arguments between the Enforcement Directorate and former deputy CM Manish Sisodia's lawyers over the agency's demand of 10-day custody of the AAP leader in the now-scrapped Delhi excise policy case. While ED detailed a list of reasons behind its demand, Sisodia's lawyer ditched ED's claim as one with 'malafied intention' and a case based on 'hearsay'
ED has told the Delhi Court that it was seeking 10-day custody for the interrogation of Manish Sisodia to identify the modus operandi and to confront other persons who have been summoned. Here's what both sides said the in the court.
ED's Arguments
ED Brings Out Links With BRS Leader Kavitha, Vijay Nair & CA Butchibabu
ED tells the court that there was a conspiracy behind framing the excise policy adding that the conspiracy was coordinated by Vijay Nair, along with others and the Excise policy was brought out for extraordinary profit margin for wholesalers, reported ANI.
The federal agency apprised the court about the meeting between Vijay Nair and BRS leader K Kavitha.
Enforcement Directorate tells the Rouse Avenue Court that the margin of 12 percent of wholesale profit margin to private entities was never discussed in the GoM meeting, reported ANI. The ED further stated that accused Butchibabu Gorantla disclosed that there was a political understanding between then deputy CM Manish Sisodia and K Kavitha who also met Vijay Nair.
Notably, Butchibabu is the former auditor of K Kavitha and is presently on bail in the case.
ED lawyer proceeds with the arguments and says, "Now I will talk about the 100 crore kickback conspiracy Vijay Nair's Indo spirit was involved in this." He alleges that AAP leaders got kickbacks. "These people were given more licenses by violating the excise policy," the ED lawyer added.
According to ED, talks were held to give maximum L1 to South's company...Butchibabu knew what was being written in the final report of GOM."
ED Alleges Profit Margin Increased Because Of Sisodia
In the court, ED argues that a profit margin of 12 percent was given, which was different from the opinion of the expert committee. The judge asks how much it should have been, to which the ED lawyer says ‘6 percent’.
ED says, "We have material that this was done at the behest of the arrested accused (Sisodia). There was also a violation of the system fixed for giving license for the sale of liquor. Cartels were formed. Some selected people benefited from it"
The agency claimed that the CA associated with Sisodia has also disclosed some things. ED alleged that the AAP MLA is not cooperating in the investigation, an argument based on which the CBI had earlier sought Sisodia's custody.
What Former Excise Commissioner Told ED
Court asks ED's lawyer how can the agency say that a 12 percent margin was recommended by GOM to which ED said that the former excise commissioner and some other people have said this.
"This has also been confirmed by the statement of the Secretary. The draft of this recommendation was given to C Arvind by the accused...Arvind has told that in March 2021, Sisodia called him to the CM's house and gave him this 30-page draft," ED's lawyer added. It was said to give wholesale license directly to the applicants instead of drawing a lottery, the agency argued.
"Dinesh Arora's statement is also very important. Arora was facilitating kickback transactions. Sanjay Singh, Sisodia and Rajendra Gupta met Dinesh Arora once and spoke for party fund," the agency told the court.
It added, "Dinesh continued to meet Sisodia. During this, it was also discussed that the drinking age in bars should be reduced. Sisodia said that he was considering it. Now page 48, this will reveal the direct nexus. Sisodia himself intervened and got the file of Indo Spirit passed"
"Indo Spirit got the manufacturing license and Khao Gali got the restaurant license. It happened simultaneously. Arva Gopikrishna (the then commissioner) was asked to clear the file," ED alleged.
The agency said that Gopikrishna pointed out some technical problems, but passed the file at jet speed under 'pressure from Sisodia'. ED said that Arva Gopikrishna told that Arvind asked him to clear the file and that Sisodia was behind all this.
Enforcement Directorate said that the SIM cards and mobile phones were purchased in the names of other people by Manish Sisodia. The agency alleged that Sisodia destroyed his phone, other evidence and used a phone bought by others.
ED says that during the remand custody of Manish Sisodia, it will examine the money trail in the case. The agency said that Sisodia has given answers contrary to the statement given by independent people.
Sisodia is being held in judicial custody until March 20th.
Manish Sisodia's Counsel Opposes ED's Remand Plea
Ex-deputy CM Manish Sisodia's lawyer opposes ED's plea in court. Senior advocate Dayan Krishnan says it is the executive's job to make policy, which goes through several layers. He says that the Delhi excise policy was accepted by LG and others, and they must have examined it.
He said that PMLA is a very strict law. "Here, instead of solid evidence, arrests are made only according to the perception of the agency. The burden of proving innocence is put on the accused," argues Krishnan.
Krishnan said, "The court cannot ignore the timing of the arrest...The time has come for courts to come down heavily on such arrests" terming the PMLA 'draconian', reported PTI.
He tells the court, "There is a remand application of 57 pages, but all the things mentioned here are from same what was in the CBI's case. They are not able to show the money trail of even a single penny, still they need a remand.
Sisodia's lawyer further said, "There was a hearing on bail in the CBI case today. ED arrested him one day before.
It is clear that the arrest has been made with a malafide intention. There is an attempt to take advantage of the strict PMLA law so that the accused cannot get bail."
He told the court that the maximum punishment in the case is only seven years. "That's why bail is needed, not custody," he added.
CM Kejriwal On ED Arresting Sisodia
Delhi CM Arvind Kejriwal on Friday likened Sisodia with Prahlad, bhakt of Lord Vishnu, and tweeted, "Hiranyakashyap had considered himself as God. He made many efforts to stop Prahlad from the path of God, committed atrocities. Even today some people consider themselves as God. Prahlad, who served the country and children, was put in jail. But they could not stop Prahlad then, nor will they be able to stop him now."
हिरण्यकश्यप अपने आपको भगवान् मान बैठा था।
— Arvind Kejriwal (@ArvindKejriwal) March 10, 2023
उसने प्रह्लाद को ईश्वर की राह से रोकने के अनेक प्रयत्न किये, ज़ुल्म किये
आज भी कुछ लोग अपने आपको भगवान मान बैठे हैं। देश और बच्चों की सेवा करने वाले प्रह्लाद को कारागृह में डाल दिया
पर न प्रहलाद को वो तब रोक पाये थे, न अब रोक पायेंगे
Delhi Chief Minister Arvind Kejriwal said the ED operation is intended at keeping his party member Sisodia "inside at whatever cost". Manish was first arrested by the CBI. "The CBI did not find any evidence, no money was found in the raid. There is a bail hearing tomorrow. Manish would have been released tomorrow. So today ED arrested him. They have only one aim - to keep Manish inside at all costs by creating new fake cases every day. The people are watching. The people will answer," Kejriwal tweeted.
ED Arrests Sisodia
The ED arrested the former Delhi Deputy Chief Minister after questioning him for two days about alleged money laundering while developing the new liquor policy, which was scrapped after Delhi Lieutenant Governor VK Saxena directed the Central Bureau of Investigation (CBI) to look into it.
The ED arrest complicates matters for Sisodia, who is seeking bail from the CBI court.
Sisodia was arrested by CBI on February 26 and was sent to the agency's remand for five days. He was then again sent to the CBI's custody after the agency sought more time to confront Sisodia with critical witnesses in the case. He was then arrested by the Enforcement Directorate in the money laundering case it registered in connection with the now-withdrawn excise policy.
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