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Lalu, Tejashwi, Rabri Get Regular Bail

By LokMarg 4th October 2023

The Rouse Avenue Court of Delhi on Wednesday granted bail to former Railway Minister Lalu Prasad Yadav, Bihar’s Deputy Chief Minister Tejashwi Yadav, Rabri Devi and others in relation to a fresh chargesheet in connection with the alleged land-for-jobs scam case.

The Special Judge Geetanjali Goel while granted bail noted that no accused was arrested in the matter by the CBI, and even the CBI not opposed their bail petition.

Meanwhile, the Court also directed the CBI to serve the fresh chargesheet copy to all accused in the case.

Earlier, the Court had taken cognizance of a chargesheet filed by the Central Bureau of Investigation (CBI) and issued summons against all accused.

According to the CBI, this is the second chargesheet in the Designated Court against 17 accused including the then Union Minister of Railways, his wife, son, then GM of West Central Railways(WCR), then two CPOs of WCR, private persons, private company etc. in a case related to Land for Job Scam.

Recently, the CBI has filed a chargesheet in Land for Job alleged scam case against former Union Railway Minister Lalu Prasad Yadav including Bihar’s Deputy Chief Minister Tejashwi Yadav and others.

CBI registered a case on May 18, 2022, against the then Union Minister of Railways and others including his wife, two daughters and unknown public servants and private persons.

It was alleged that the then Union Minister of Railways during the period 2004-2009 had obtained pecuniary advantages in the form of transfer of landed property in the name of his family members etc. in lieu of appointment of Substitutes in Group “D” Post in different Zones of Railways. It was further alleged that in lieu of the substitutes, who were residents of Patna themselves or through their family members sold & gifted their land situated at Patna in favour of the family members of said Minister and a private company controlled by his family members, which was also involved in transfer of such immovable properties in the name of said family members.

It was also alleged that no advertisement or any public notice was issued for such appointments of substitutes in Zonal Railways, yet the appointees who were residents of Patna were appointed as Substitutes in different Zonal Railways located at Mumbai, Jabalpur, Kolkata, Jaipur and Hazipur.

Searches were earlier conducted at multiple places including in Delhi and Bihar etc, said CBI.

During the investigation, it was found that the then Union Minister of Railways with intent to acquire the land parcels situated at the places where his family already owned land parcels or the places that were already connected to him allegedly entered into conspiracy with associates & family members and allegedly derived a design to grab the land of various land owners by offering/providing group D employment in Railways, CBI said.

The accused had allegedly collected applications and documents of such candidates through associates and then sent those to West Central Railway for processing and providing jobs in Railways and the General Managers of West Central Railways under the influence /control of the accused accorded approval for the engagement of candidates.

For providing jobs in Railways, they allegedly devised an indirect way wherein the candidates were engaged firstly as Substitutes and subsequently, were regularized.

A hard disk containing lists of candidates (who were engaged) was also recovered during searches. It was further alleged that a land parcel was purchased in the name of a private company at Rs.10.83 Lakh in 2007 and subsequently, the said land along with some other land parcels purchased by the said company, were brought into the ownership/control of his wife & son of then Union Minister of Railways by way of transfer of shares at Rs 1 lakh only.

At the time of transfer, the company allegedly owned land parcels purchased at a total cost of Rs1.77 crore(approx) and it was transferred for a mere Rs.1 Lakh(approx) only, however, the market value of the lands was much more.

Earlier, a chargesheet was filed on October 7, 2022, against 16 accused and the investigation is underway, CBI informed the Court. (ANI)

Yasin’s Presence In SC Was Serious Security Lapse: Solicitor General

By LokMarg 21st July 2023

Solicitor General Tushar Mehta on Friday expressed his concern at Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik’s presence in the Supreme Court today and wrote a letter to Home Secretary Ajay Bhalla, flagging the issue of security to Malik.

Yasin Malik, who is serving a life sentence in Tihar Jail after being convicted in a terror funding case, was presented before the top court for a hearing on a CBI plea against Jammu court order.
Stating that Yasin Malik’s presence in Supreme Court was a serious security lapse raising apprehension that he could have escaped, forcibly taken away or could have been killed, Mehta said, “It is my firm view that this is a serious security lapse. A person with a terrorist and secessionist background like Mr Yasin Malik who is not only a convict in a terror funding case but has known connections with terror organisations in Pakistan could have escaped, could have been forcibly taken away or could have been killed.”

In his letter to Bhalla, Mehta further said that even the security of the Supreme Court also would have been put at serious risk if any untoward incident were to happen.

“In any view of the matter so long as the order under section 268 of CrP Code subsists, jail authorities had no power to bring him out of jail premises nor did they have any reason to do so,” the SG said.

The Solicitor General further said that considering this to be a matter serious enough to once again bring it to your personal notice so that suitable action and steps can be taken at your end.

In the letter, it was mentioned about an order passed by the Ministry of Home Affairs with regard to the said Yasin Malik under section 268 Criminal Code of Procedure which prevents the jail authorities to bring the said convict out of the jail premises for security reasons.

“Everyone was shocked when news was received that the jail authorities are bringing Yasin Malik personally to appear before the Supreme Court as per his desire to appear as party in person,” he said.

The letter also mentioned about SG had telephonically intimated Home Secretary about this fact, however, by that time Yasin Malik had already reached the precincts of the Supreme Court of India.

Neither the Court had summoned his personal presence nor was any permission taken from any authority of the Supreme Court of India in this regard.

“When I enquired from the officer who was in charge of the security of Mr Yasin Malik in the Supreme Court, the only thing he could show me was a printed notice in a general format of the Supreme Court which is sent with regard to every party to any matter in the Court. The said printed notice informs the recipients of the notice to appear before the Court either in person or through an authorised Advocate,” SG said.

He also said that printed notice in a general format of the Supreme Court is not either the permission of the Supreme Court to bring a convict facing an order under section 268 of CrP Code to come out of jail nor it is requiring mandatory personal presence of the recipient of the order. (ANI)

Court Directs To Produce Sisodia Physically For Hearing

By LokMarg 6th July 2023

Delhi’s Rouse Avenue Court on Thursday directed Delhi police to produce former Deputy CM Manish Sisodia physically from the next date of hearing in an alleged excise policy case.

Special judge M K Nagpal passed the direction while disposing of the application of Delhi police seeking production of Manish Sisodia through video conferencing for hearing.
Delhi police had stated the security concern in producing him physically in the courtroom.

“Now accused Manish Sisodia will be produced physically before the court,” the judge ordered, directing that no public persons or Aam Aadmi Party (AAP) supporters be allowed in the courtroom.

Media persons are also directed to maintain a safe distance from the accused, the court said.

In case of any violations of this direction lock-up in charge shall bring it to the notice of the court, the judge directed.

During the CBI case hearing was produced through video conferencing. Sisodia also told the court that he has no issue with video conferencing but he wished to be produced physically.

The court asked the counsel appearing for Sisodia, “What is the difficulty for police to produce Sisodia physically in the court.”

Court asked who will be responsible if any untoward incident happens, the Judge asked.

Advocate Vivek Jain, Counsel for Sisodia said, “It is the duty of the police to protect him. There is only a distance of ten meters and 25 police personnel are there. He has been brought from a distance of 15 kilometers. What is the security concern in producing him physically in the courtroom.”

“What prejudice is being caused if he is produced through video conferencing?” the court added.

Video conferencing is as good as physical production, the judge added.

After hearing the submission of the counsel and interacting with Sisodia the judges, “I will not allow the meeting with party workers in the courtroom. From the next date you will be produced physically in the courtroom.”

Manish Sisodia is to be produced physically in the court from the next date, the judge ordered.

Delhi police had moved an application seeking production of Manish Sisodia through video conferencing stating security concerns.

The court noted that an application was moved citing some incidents of first June 2023 when the production of the said accused in ED case, some allegations of mand handling of accused by security personnel were raised.

On that day some supporters and media persons were present there. Police said that they tried to be too close to the accused, the court noted.

Counsel for Sisodia said that he has a right to be produced physically for an effective hearing. The rights of the accused to be produced in court should not be curtailed.

This case has been fixed for July 31.

The Court also directed CBI to supply copies of the main charge sheet to the accused who are named in the supplementary charge sheet and copies of the supplementary charge sheet along with documents to the accused who were named in the main charge sheet and have not received the same.

The court also directed the agency to supply copies of legible documents to the accused.

On the Court on May 27 took cognizance of the supplementary charge sheet filed against former Deputy CM Manish Sisodia and 3 others in the Delhi Excise policy case.

It is alleged that Manish Sisodia formulated and implemented the excise policy in a way to facilitate monopolisation and cartelization of the liquor trade in Delhi.

This supplementary charge sheet was filed on April 25 in connection with the Delhi liquor policy alleged scam case.

This supplementary charge sheet has been filed under sections of the Prevention of Corruption (POC) Act and criminal conspiracy, cheating and Disappearance of evidence under IPC.

Manish Sisodia was arrested in this case on February 26 by the CBI.

While filing the chargesheet CBI informed the court that sanction under Section 19 of PC Act to prosecute Manish Sisodia has been taken and is enclosed with the supplementary chargesheet.

CBI had stated that then excise Commissioner Arava Gopi Krishna’s name is also mentioned in the chargesheet in column 12 as a suspect in the chargesheet.

This chargesheet is accompanied by a list of witnesses as well as documents and articles.

Further, this chargesheet is accompanied by a DVD containing the chargesheet as well as statements of witnesses and RUD. One hash value certificate with respect to the DVD is also filed on record with the supplementary chargesheet.

The CBI case is related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD).

The main charge sheet has already been filed by the CBI.

It is claimed by the Central Bureau of Investigation (CBI) that former deputy CM Manish Sisodia that he admitted to destroying two phones which he was using before July 2022.

The two handsets which were used prior to 22.07.22 have been admittedly destroyed by accused Manish Sisodia as confirmed by him in his response to Notice under section 91 CrPC”, the agency has alleged.

The CBI had said that the investigation has revealed that during the period from January 1, 2020, to August 19 in 1022, the accused Manish Sisodia used three mobile handsets.

The last handset which was used by him was seized during the searches in the case. (ANI)

Delhi HC Rejects Bail Petition Of Sisodia

By LokMarg 3rd July 2023

The Delhi High Court on Monday rejected the bail petition of Delhi’s former Deputy Chief Minister Manish Sisodia in the Enforcement Directorate (ED) case related to alleged irregularities in the Delhi Excise Policy case.

The Court also dismissed bail petitions of Vijay Nair, ex-communication in charge of Aam Aadmi Party, Abhishek Boinpally (Hyderabad-based businessman) and Binoy Babu Binoy, (manager with a liquor company Pernod Ricard) in connection with the same case.
The bench of Justice Dinesh Kumar Sharma while dismissing bail petition of Manish Sisodia said that the court does not find any infirmity with the trial court order which had dismissed his bail.

“The possibility of tampering with evidence and influencing witnesses cannot be ruled out and Section 45 twin condition isn’t satisfied. Bail Denied,” said the court.

The trial court had earlier denied bail to them.

Earlier, Delhi High Court dismissed the bail plea of Manish Sisodia in a CBI case alleging corruption in the implementation of a previous liquor policy in the national capital.

The bench of Justice Dinesh Kumar Sharma while denied bail to Sisodia in the CBI case, said Manish Sisodia (Applicant) being a powerful person, there was the possibility of him influencing the witnesses.

The Rouse Avenue Court earlier dismissed the bail plea of Manish Sisodia in a money laundering case related to the Excise scam stating that “this case of economic offences having serious repercussions upon the general public and society at large as the evidence collected during investigation speaks volumes of his involvement in the commission of the said offence.”

Court also noted that some evidence is also alleged to have surfaced during the investigation to show that some part of the kickback or bribe amount received from South lobby was spent or utilized in connection with the election campaign of the AAP in Goa and some cash payments through hawala channels are alleged to have been sent to Goa for bearing the said expenses and even some fake invoices are alleged to have been created as a cover-up for the cash amounts transferred through hawala channels.

It is stated that the above cash transfers were made as per instructions of the coaccused Vijay Nair, who was the representative of the applicant and the AAP and also the Media Incharge of AAP and looking after the work related to said elections and he also roped in a company named M/S Chariot Productions Media Pvt. Ltd. owned by the coaccused Rajesh Joshi to do the election-related advertising work and other jobs for the party during said elections noted the court.

Thus, in view of the above background, the serious nature of allegations made and the role played by the applicant in the above criminal conspiracy, his connection with the activities relating to generation or acquisition and use etc. of the above proceeds of crime within the meaning of Section 3 of the PMLA and the oral and documentary evidence collected in support of the same and as placed for the perusal of the court, this court is of the considered opinion that even if the rigours and restrictions contained U/S 45 of the PMLA are viewed and construed reasonably, the prosecution has still been able to show a genuine and prima facie case for the involvement of the applicant in the commission of the alleged offence of money laundering.

The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.

Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD). (ANI)

HC Dismisses Sisodia’s Bail Plea In CBI Case

By LokMarg 30th May 2023

The Delhi High Court on Tuesday dismissed the bail plea of Manish Sisodia, the former Deputy Chief Minister of Delhi, in a CBI case related to alleged corruption in the implementation of the previous liquor policy in the national capital.

The bench of Justice Dinesh Kumar Sharma denied bail to Sisodia and said that the applicant (Sisodia) being a powerful person, there is the possibility of him influencing the witnesses.
During arguments, the CBI had opposed the bail plea moved by Manish Sisodia and stated, “The applicant (Sisodia) enjoys close nexus with the executive, offices and bureaucrats and his influence and clout is evident. His party colleagues holding high ranks continue to make factually wrong claims in order to influence the investigation and also claiming the applicant to be a victim of a political vendetta.”

A perusal of the said statements by this political leader (s) during the press conferences would reveal how the entire efforts of not only the Applicant but his party colleagues as a whole are to shield the accused, stated CBI in its reply opposing bail plea of Sisodia, CBI said.

The statements also undermine the authority of the Special Judge (CBI), having already taken cognizance of the offences, and are being made to adversely impact the investigation by levelling unwarranted and unsubstantiated allegations against the CBI, thereby influencing and deterring the witnesses of the case said the CBI.

CBI in its reply filed in Delhi High Court stated that any release of the Applicant on bail shall gravely prejudice the investigation herein, more specifically when the Applicant fails to meet the ‘triple test’ for bail. While personal liberty is paramount, the same is not absolute but subject to reasonable restrictions, including the interest of the state and the public.

During the arguements earlier, Manish Sisodia through Senior Advocate Dayan Krishnan submitted that the Central Bureau of Investigation has no evidence to show his involvement in the alleged irregularities in the framing and implementation of the excise policy of the Government.

The lawyer submitted that every accused in the CBI case has been released on bail except Sisodia. Sisodia was arrested on February 26, 2023, more than 6 months after the Registration of FIR in the matter. And during the entirety of said investigation of 6 months before the arrest of the applicant, there was not a single that Applicant extended any threat to any witness.

Sisodia in his bail stated that the possibility of a threat to witness cannot be said to arise without there being any material or antecedents of the Applicant. The witnesses in this case against the applicant are primarily civil servants, over whom the Applicant exercises no control, especially now since he has resigned from his official post.

Earlier the Delhi HC had issued notice to CBI on a bail plea moved by Manish Sisodia challenging a trial court order denying bail to him in a CBI case related to Excise.

Sisodia was arrested by the CBI on February 26, 2023, and is presently in Judicial custody. His bail plea was on March 31, 2023, by the trial Court in the case.

The trial Court while dismissing Sisodia’s bail plea said, “The court is not inclined to release him on bail at this stage of investigation of the case as his release may adversely affect the ongoing investigation and will also seriously hamper the progress”

According to the CBI, Sisodia had played the most important and vital role in the criminal conspiracy and he had been deeply involved in the formulation as well as the implementation of the said policy to ensure the achievement of the objectives of the said conspiracy.

“The payment of advance kickbacks of around Rs. 90-100 crores was meant for him and his other colleagues in the GNCTD and Rs. 20-30 crores out of the above are found to have been routed through the co-accused Vijay Nair, Abhishek Boinpally and approver Dinesh Arora and in turn, certain provisions of the excise policy were permitted to be tweaked and manipulated by the applicant to protect and preserve the interests of South liquor lobby and to ensure repayment of the kickbacks to the said lobby,” stated CBI.

Sisodia was arrested by CBI and ED in an ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the Government of the National Capital Territory of Delhi.

Earlier, the trial court noted that the accused had joined the investigation of this case on two earlier occasions, but he had failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation, thus, failing to legitimately explain the incriminating evidence which allegedly surfaced against him during the investigation. (ANI)