Manish Sisodia bail plea: If criminality is fixed citing rise in profits, can governments function? Supreme Court

The Supreme Court on Monday questioned the Enforcement Directorate (ED) on whether allegations that the Delhi Excise Policy of 2021-22 involved increased profit margins for liquor sellers was enough to indicate that a crime was committed by Aam Aadmi Party leader and former Delhi Deputy Minister Manish Sisodia [Manish Sisodia v Directorate of Enforcement]..A Bench of Justices BR Gavai and KV Viswanathan orally remarked that if mere increase in profit as a consequence of a policy decision is indicative of criminality, then cabinets of elected governments might not able to discharge their functions. "Is increase of profit margin from 5 to 12 per cent - is that enough per se to draw inferences on a Cabinet decision? It has to be contrary to public interest; (or) action contrary to public interest leading to disproportionate gains for others ... But for a prima facie finding, do you not need something more? Otherwise, cabinets cannot function. Where do you draw the line between policy and criminality? Not per se for this case, but overall," Justice Viswanathan asked. The Court was hearing a bail plea filed by Sisodia who has been in custody since February 26, 2023 in this case..Representing the ED, Additional Solicitor General (ASG) SV Raju replied that it was not just about increasing profits. There was a lot of evidence to indicate that Sisodia was neck-deep in a scam, the ASG maintained."It (the case) is about not accepting committee recommendations, heading the excise policy and meeting Vijay Nair ... We have evidence of face-time with liquor barons. G.O. minutes were found ... It is not a fabricated case. There is a lot of evidence. You cannot arbitrarily increase the profit margins without reasons. No tenders - but license given to anyone who pays 5 crore. All pliable manufacturers were forced to give them. This was done in a clever, clandestine manner .. It is much more than a simple policy issue ... He is not an innocent person picked up for political reasons but is neck-deep in the scam. Evidence pinpoints his direct involvement," ASG Raju submitted..The hearing will continue on Tuesday, August 6, when the ED is expected to conclude its submissions. "You must also have some concern for the court time. For settled things, you don't need to read judgments. You have taken 120 minutes after assuring 75 minutes, or one and half hour. Our court always promotes junior (lawyers). If we apply proportionality test, then this will drag on this entire week," the Court added in parting, while addressing the ED's counsel..The case against Sisodia and other Aam Aadmi Party (AAP) leaders including Delhi Chief Minister Arvind Kejriwal is being probed by the Central Bureau of Investigation (CBI) as well as the ED.Sisodia has filed several bail applications in the matter to no avail. Today's hearing was on the third round of bail applications by Sisodia. The top court had sought the ED's response in the matter on July 16.Representing Sisodia today, Senior Advocate Dr. AM Singhvi told the Bench that he is seeking bail in both the CBI and ED cases.The senior counsel pointed out that Sisodia has now remained behind bars for 17 months, while the ED is yet to unearth any "proceeds" of money laundering. "Investigation to trace the proceeds of crime is still ongoing. If they have apprehension against me, it shows they are going late and is contrary to oral argument that everything is now over. Why should my liberty be restricted for 17 months is the larger question ... He is not a flight risk, cannot influence witnesses or tamper with evidence at this stage," Singhvi argued.Singhvi added that there is little point in speaking of high-sounding principles such as "bail, not jail" and the right of an accused to a speedy trial if they are not implemented on the ground. On the other hand, ASG Raju maintained that Sisodia could still tamper with evidence."Arm twisting has been done to get some to surrender their licenses. In Punjab, AAP is in power; overnight show cause notices were issued and distillery was shut down. When my officers went there, they were told your case is in Delhi only - this is documented. So they can tamper with evidence," the ASG told the Court. .The case involves allegations that Delhi government officials tweaked the excise policy to benefit certain liquor sellers in exchange for bribes that were used to fund the AAP elections in Goa.The first round of bail applications filed by Sisodia in the matter were rejected in 2023. At the time, the Supreme Court said that Sisodia could file for bail again if the trial progressed at a slow pace.He then filed a second round of bail pleas which also came to be rejected. At this juncture, the Supreme Court said that Sisodia would be at liberty to revive his bail plea after the ED's chargesheet was filed.He filed his third round of bail pleas after the chargesheet was filed..[Read live-coverage of hearing today]