Tag: Trial Court

Aam Aadmi Party leader Sanjay Singh

AAP’s Sanjay Singh Moves Bail Petition In Trial Court

By LokMarg

Aam Aadmi Party leader Sanjay Singh on Friday moved the trial court with a petition seeking bail in a money laundering case related to alleged liquor irregularities case.

According to his legal team, the petition may come for a hearing on Saturday.

Sanjay Singh was arrested by the Enforcement Directorate in the case on October 4, 2023.

The Special Judge MK Nagpal on Friday extended the judicial custody of Sanjay Singh till December 4, 2023.

Appearing for ED, the Special Public Prosecutor Naveen Kumar Matta apprised the Court that the chargesheet (Supplementary Prosecution Complaint) will be filed in the matter very soon and within the prescribed time limit.

Singh was also produced before the court after the end of the judicial custody period.

Recently, the Supreme Court issued notice to the Enforcement Directorate on Sanjay Singh’s plea against Delhi High Court order rejecting his plea challenging his remand and arrest in the alleged liquor irregularities case.

The Supreme Court also kept open for the petitioner to file for regular bail, if so advised and made it clear that shall be considered on its own merits in accordance with the law without being influenced by the impugned judgment.

Recently Delhi High Court dismissed AAP leader and Rajya Sabha MP Sanjay Singh challenging his remand and arrest in the alleged liquor irregularities case.

ED claimed that Singh and his associates played a part in the Delhi government’s decision to give licenses to alcohol shops and merchants in 2020, causing losses to the state exchequer and violating anti-corruption laws

ED has previously searched a number of locations including the homes and offices of Sanjay Singh’s close associate Ajit Tyagi and other contractors and businessmen who allegedly benefited from the policy. In its nearly 270-page supplementary charge sheet, the ED has called Sisodia a key conspirator in the case.

The Delhi liquor scam case or the excise policy case pertains to allegations that the Arvind Kejriwal-led Delhi government’s excise policy for 2021-22 allowed cartelization and favoured certain dealers who had allegedly paid bribes for it, a charge that has been strongly refuted by the AAP.

ED, last year filed its first chargesheet in the case. The agency said it has so far undertaken over 200 search operations in this case after filing an FIR after taking cognizance of a CBI case which was registered on the recommendation of the Delhi lieutenant governor.

The CBI inquiry was recommended on the findings of the Delhi chief secretary’s report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010. (ANI)

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Sisodia's Judicial Custody Till April 3

No Purposed Served By Keeping Me In Custody: Sisodia To Court

By LokMarg

Former Delhi Minister and Aam Aadmi Party (AAP) leader Manish Sisodia in his bail petition in a trial court stated that no fruitful purpose would be served keeping him in custody as all the recoveries have already been made.

Sisodia also stated that he has joined the investigation as and when called for by the Central Bureau of Investigation (CBI). The other accused persons arrested in this case have already been granted bail. Sisodia further stated that he holds the important constitutional post of Deputy CM of Delhi and has deep roots in the society.

Sisodia was recently arrested by the Central Bureau of Investigation (CBI) for alleged irregularities in the framing and implementation of the excise policy of GNCTD.

The Special Judge MK Nagpal to hear this bail plea today. Sisodia is also scheduled to be produced on Saturday at the end of his remand period granted on February 27, 2023.

Rouse Avenue Court on Monday while sending Sisodia to CBI remand directed that the interrogation of the accused during the remand period shall be conducted at some place having CCTV coverage in accordance with guidelines laid down by the Supreme Court and the said footage shall be preserved by the CBI.

Sisodia was arrested last Sunday in an ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of GNCTD.

While sending Sisodia to CBI remand, the trial court observed that the accused had joined the investigation of this case on two earlier occasions, but it has also been observed that he has failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation conducted and has thus, failed to legitimately explain the incriminating evidence which has allegedly surfaced against him in the investigation conducted so far.

It is true that he cannot be expected to make self-incriminating statements, but the interests of justice and of a fair investigation require that he should come up with some legitimate answers to the questions which are being put to him by the Investigation officer, said the court.

Some of his subordinates are found to have disclosed certain facts which can be taken as incriminating against him and some documentary evidence against him has also already surfaced a proper and fair investigation requires that some genuine and legitimate answers to the questions being put to him about the same are to be found and hence, in considered opinion of this court, this can only be done during custodial interrogation of the accused, noted the court.

During arguments, CBI counsel told the court that the Delhi Deputy CM’s custodial interrogation is required for an effective investigation into the case. While seeking five days’ remand of Sisodia, CBI said, “Conspiracy was hatched in a very planned and secret manner.”

Meanwhile, senior Advocate Dayan Krishnan appeared for Sisodia and opposed the remand application of CBI.

“If someone is not willing to say something, that cannot be a ground for arrest,” argued Sisodia’s lawyer.

“What should I do with a phone that I changed? I am a minister, I cannot send it to a second-hand shop, it would have important data. CBI confronted me with the material but I did not confess. The remand application says I gave evasive replies. This cannot be a ground for remand. They search my residence on August 19, 2022. I hand over my phone. They called me to join the investigation and I joined. I cooperated,” Advocate Dayan Krishnan argued for Delhi Deputy CM.

The CBI after arresting Sisodia claimed that he was giving evasive replies and wasn’t cooperating in the ongoing investigation of the liquor scam case. (ANI)

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Chief Minister Manish Sisodia

Sisodia Moves Bail Plea In Trial Court

By LokMarg

Former Delhi Minister and Aam Aadmi Party (AAP) leader Manish Sisodia, who is presently in CBI remand, moved a regular bail petition in a trial court on Friday.

Sisodia was recently arrested by the Central Bureau of Investigation (CBI) for alleged irregularities in the framing and implementation of the excise policy of GNCTD.
According to the lawyer concerned, hearing on the bail plea will be held on Saturday. Sisodia is also scheduled to be produced on Saturday at the end of his remand period granted on February 27, 2023.

Rouse Avenue Court on Monday while sending Sisodia to CBI remand directed that the interrogation of the accused during the remand period shall be conducted at some place having CCTV coverage in accordance with guidelines laid down by the Supreme Court and the said footage shall be preserved by the CBI.

Special Judge MK Nagpal on February 27, 2023, decided to send Manish Sisodia to CBI remand till March 4, 2023. Sisodia was arrested on Sunday in an ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of GNCTD.

The court said, keeping in view the facts and circumstances, the accused is being remanded to CBI custody for a period of five days i.e. till March 4, 2023, for his further and extensive interrogation.

The court observed that the accused had joined the investigation of this case on two earlier occasions, but it has also been observed that he has failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation conducted and has thus, failed to legitimately explain the incriminating evidence which has allegedly surfaced against him in the investigation conducted so far.

It is true that he cannot be expected to make self-incriminating statements, but the interests of justice and of a fair investigation require that he should come up with some legitimate answers to the questions which are being put to him by the Investigation officer.

Some of his subordinates are found to have disclosed certain facts which can be taken as incriminating against him and some documentary evidence against him has also already surfaced a proper and fair investigation requires that some genuine and legitimate answers to the questions being put to him about the same are to be found and hence, in considered opinion of this court, this can only be done during custodial interrogation of the accused, noted the court.

During arguments, CBI counsel told the court that the Delhi Deputy CM’s custodial interrogation is required for an effective investigation into the case. While seeking five days’ remand of Sisodia, CBI said, “Conspiracy was hatched in a very planned and secret manner.”

Meanwhile, senior Advocate Dayan Krishnan appeared for Sisodia and opposed the remand application of CBI.

“If someone is not willing to say something, that cannot be a ground for arrest,” argued Sisodia’s lawyer.

“What should I do with a phone that I changed? I am a minister, I cannot send it to a second-hand shop, it would have important data. CBI confronted me with the material but I did not confess. The remand application says I gave evasive replies. This cannot be a ground for remand. They search my residence on August 19, 2022. I hand over my phone. They called me to join the investigation and I joined. I cooperated,” Advocate Dayan Krishnan argued for Delhi Deputy CM.

The CBI on Sunday released a statement on Sisodia’s arrests, claiming he was giving evasive replies and wasn’t cooperating in the ongoing investigation of the liquor scam case. (ANI)

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