Manish Sisodia's lawyers on Tuesday concluded their arguments in the Delhi High Court and tore into the trial court order rejecting his regular and interim bail petitions. The AAP leader's lawyer questioned the observations made by the trial court that Manish Sisodia along with other accused in the Delhi Liquor Policy case made concerted efforts to delay the trial.
Senior Advocate Dayan Krishnan appearing for Sisodia told the court that the trial court order states that a total of 38 applications were moved by the accused arrested in connection to Delhi Liquor Policy case to delay the case. Out of these 38, Manish Sisodia only filed 13 applications which included application to meet his ailing wife and clearing of check and a bank account, which were approved by the court itself.
"How can the court hold applications approved by it against me?" Krishnan asked on behalf of Sisodia. He further said that if these were frivolous applications then they should not have been allowed in the first place.
Counsel appearing for Sisodia further stated in the court that he has a statutory right to file applications and these 13 applications were allowed by the court and now they are being used against me. He further pointed out that two of the 13 applications, two were for preponement of hearing.
Notably, the high court also asked how the trial court made such observations and how the applications moved by Sisodia could cause delay in trial.
Replying to the high court, counsel for ED said that they have no control over how a judge frames their judgement and the high court may consider sending the verdict back for correcting if it deems fit. However, the ED maintained that Sisodia and other co-accused were causing delay in the case.
Last week, a special bench of Justice Kaveri Baweja of trial court rejected Sisodia bail pleas and observed, "...it is thus apparent that the Applicant individually, and along with different accused have been filing one or the other application/making oral submissions frequently, some of them frivolous, that too on a piecemeal basis, apparently as a concerted effort for accomplishing the shared purpose of causing delay in the matter. The argument of the Applicant that he has not contributed to delay in proceedings or that the case has been proceeding at a “snail's pace”, therefore, cannot be accepted. The steady progression of the case, despite the apparent attempts to slow down its progress, cannot, by any standards, be equated with 'snail's pace'."
Trial Has Not Begun, Charges Are Yet To Be Framed
Krishnan appearing for Sisodia also told the court that the trial in the case has not progressed and charges are yet to be framed against Sisodia. He further said that arrests are still going on in the case.
It may be recalled that the Supreme Court while rejecting Sisodia’s bail in October 2023 had said that he can move a fresh bail application before the trial court if the trial is protracted and proceeds at a “snail’s pace” in the next three months. Following which Sisodia had moved the trial court for bail.
The trial court order rejected bail to Sisodia and said that the steady progression of the case, despite the apparent attempts to slow down its progress, cannot, by any standards, be equated with “snail's pace."
Manish Sisodia's Son Cannot Take Care Of Ailing Mother As He Is Studying Abroad
Counsel appearing for Manish Sisodia further told the high court that his son was studying abroad and cannot take care of his ailing mother, which makes the former Delhi Deputy CM the sole caretaker of his wife and thus makes a ground for interim bail.
Sisodia sought interim bail to take care of his ailing wife as he is the sole caretaker for her. The trial court rejected this argument and said Sisodia had a son who could take care of the wife. It was submitted that her disease has been continuing since the past 23 years and due to the said disease, she has been under continuous medical treatment and care since then and that Sisodia is the only attendant for his wife who must remain present to take care of her.
The trial court rejected Sisodia's interim bail plea saying that his son can take care of his ailing wife.
The Delhi High Court today heard the pleas filed by Manish Sisodia seeking bail in ED and CBI cases. Sisodia's counsels raised questions over these observations and grounds for rejecting his bail in Delhi High Court. ED is yet to conclude its arguments. The high court bench of Justice Swarna Kanta Sharma expressed inclination to pass an order on Sisodia's bail pleas before high court vacations.