Sisodia to stay in jail as SC denies bail over excise case

SISODIA WAS FIRST ARRESTED ON FEBRUARY 26 BY CBI, AND THEN BY ED IN A MONEY LAUNDERING CASE STEMMING FROM THE CBI FIR

- Abraham Thomas

The Supreme Court on Monday refused bail to former Delhi deputy chief minister Manish Sisodia in connection with allegations of financial irregularities in the now-scrapped excise policy, finding that at least one charge of windfall gains of ₹338 crore made by wholesalers was tentatively established.

The decision comes as a blow to the Aam Aadmi Party (AAP) and Sisodia who have maintained that the case was nothing but a political ploy to derail Delhi's governance.

"There is one clear ground or charge in the complaint filed under the Prevention of Money Laundering Act (PMLA), which is free from perceptible legal challenge and the facts as alleged [of ₹338 crore being earned by liquor wholesaler under the new excise policy] are tentatively supported by material and evidence," said a bench of justices Sanjiv Khanna and SVN Bhatti, referring to the charge sheet filed by the Enforcement Directorate (ED).

This was found by the court to be "equally relevant" in the charge sheet filed by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act and the Indian Penal Code.

The CBI charge sheet said the ₹338 crore earned by wholesale distributors in the 10 months that the now-scrapped policy was in place constituted an offence defined under Section 7 of the Prevention of Corruption Act, which relates to a public servant being bribed.

"We have dealt with certain aspects of the case which are doubtful. But one aspect, with regard to transfer of money of Rs 338 crore, is tentatively established. Therefore, we have dismissed the bail application," the bench observed orally in open court.