Delhi liquor rip-off: Supreme Court rejects Manish Sisodia’s bail plea

A day after Rouse Avenue Court in Delhi remanded Aam Aadmi Party (AAP) chief Manish Sisodia to five days in CBI custody, the Supreme Court turned down his plea for interim safety within the liquor coverage rip-off case.

The matter got here up for listening to earlier than a 2-Judge Bench of Chief Justice DY Chandrachud and Justice P. S. Narasimha. When the counsel for Manish Sisodia, Dr Abhishek Manu Singhvi tried to rake up the circumstances of journalists Vinod Dua and Arnab Goswami, the apex court docket refused to entertain the road of argument.

CJI: you could have full treatment in type of bail earlier than Delhi HC, The vinod dua case was of a journalist going through a case of sedition after an announcement on COVID 19 concern and Arnab was additionally a unique case @msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase

— Bar & Bench (@barandbench) February 28, 2023

The Chief Justice of India famous, “You have full treatment in type of bail earlier than Delhi HC, The Vinod dua case was of a journalist going through a case of sedition after an announcement on COVID 19 concern and Arnab was additionally a unique case

“Just because an incident happens in Delhi does not mean this case will come to the Supreme Court”, added Justice P.S. Narasimha.

Justice PS Narasimha: Just as a result of an incident occurs in Delhi doesn’t imply this case will come to the Supreme Court @msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase

— Bar & Bench (@barandbench) February 28, 2023

CJI DY Chandrachud emphasised that Manish Sisodia has been booked below the Prevention of Money Laundering (PMLA) Act and that it can’t be conflated with the case of ‘journalist’ Vindo Dua, the place freedom of speech and expression was at stake.

CJI: This is a case below the prevention of corruption act. this case is completely different..

Singhvi: however below 7 years..@msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase #CJIDYChandrachud

— Bar & Bench (@barandbench) February 28, 2023

The CJI acknowledged that the Delhi Deputy CM has alternate treatments and that the apex court docket just isn’t inclined to entertain the petition. “Petitioner has efficacious alternate remedies.. we are not inclined to entertain this under Article 32 (right to constitutional remedies),” he added.

Singhvi: I’ll withdraw this/ Please direct the bail to be determined expeditiously

CJI led bench rises @msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase #CJIDYChandrachud

— Bar & Bench (@barandbench) February 28, 2023
The Background of the Case

On Monday (February 27), a Delhi court docket remanded Deputy Chief Minister Manish Sisodia to five days in Central Bureau of Investigation (CBI) custody in connection to the liquor coverage rip-off case.

A day earlier, the Aam Aadmi Party (AAP) chief appeared for questioning on the CBi workplace in Delhi and was finally arrested by the central company.

Delhi Excise Policy 2021-2022 was first proposed in September 2020 however got here into impact solely in November 2021. It modified the style during which alcohol was being offered within the National Capital.

Moreover, it Introduced personal gamers available in the market and marked the exit of government-owned liquor distributors. While the target of Excise Policy 2021-2022 was to finish black advertising and marketing and the liquor mafia, the Delhi authorities quickly got here below fireplace over allegations of corruption.

Chief Secretary of Delhi, Naresh Kumar, discovered irregularities and procedural lapses within the new liquor coverage. Lieutenant Governor VK Saxena ordered a CBI probe on the advice of Naresh Kumar.

Manish Sisodia waived off ₹144.36 crores on the license charge, to be paid by the personal liquor distributors, below the garb of the Coronavirus pandemic. Incurred loss to the Excise Department and benefitted liquor licensees by waiving the import move charge of ₹50 per beer case.

All these modifications had been made with out the ultimate approval of the Lieutenant Governor and thus thought of unlawful below the Delhi Excise Rules of 2010 and Transaction of Business Rules of 1993.

Thus, the Delhi authorities made a U-turn on its new excise coverage in July 2022. A month later, CBI booked Manish Sisodia, ex-Only Much Louder (OML) CEO Vijay Nair and 13 others in an FIR for irregularities within the implementation of the Delhi Excise Policy 2021-2022.