'CBI still arresting, God knows who's left': Manish Sisodia's lawyer to court
'CBI still arresting, God knows who's left': Manish Sisodia's lawyer to court
"They are still continuing arrests; God only knows who is left," remarked Manish Sisodia's lawyer before the Delhi High Court on Tuesday, referring to the probe by the Central Bureau of Investigation (CBI) into the Delhi liquor policy case.
Senior Advocate Mohit Mathur made the remark while arguing for the grant of bail to AAP leader Manish Sisodia, who is an accused in a case being probed by both the CBI and Enforcement Directorate (ED). Mathur was responding to CBI's arguments opposing bail to Sisodia.
During the hearing, Mathur argued that Sisodia was granted liberty by the Supreme Court to apply for bail before a lower court in case of a delayed trial. He pointed out that while the probe agencies have argued that Sisodia was a contributor, what needs to be seen are the steps taken by ED and CBI in this regard.
Sisodia's lawyer told the court that as recently as a few weeks ago, arrests have happened in both cases and the investigation is still ongoing. He argued that only Sisodia's conduct should be considered when evaluating his bail application, as applications filed by other accused do not concern him.
"Where does the judge get the idea that all of us have been sitting at Tihar jail deciding how to delay trial?" Sisodia's counsel said, emphasising that the applications filed by Sisodia were necessary and had been allowed by the court.
He pointed out that the applications filed by Sisodia included those seeking to meet his ailing wife on custody parole and seeking permission to sign a check, affidavit, vakalatnama, all of which were allowed by the court.Â
"How does this affect or how have I contributed to the delay?" he asked.
Sisodia's lawyer remarked that for the trial court judge to suggest that the accused moving applications have acted in consort is like she has predetermined in her mind that there is a conspiracy between all who are sitting in jail.
"The filing of applications is the right of the accused," the court stated.
The court asked the Enforcement Directorate lawyer if applications filed by the accused, including those seeking CCTV footage and food cheques, were heard by the court on the same day when the main matter was considered.
Advocate Zoheb Hossain for ED told the court that sometimes applications were taken on the main day, while sometimes they were taken up on intervening dates.
"How will that affect the trial? I understand it as the judge hasn't bifurcated days or ensured they are taken on different dates, because filing applications is their right," Justice Swarna Kanta Sharma said.
"What I'm saying is, there should be some guidelines to be followed by the trial court. Something that will protect you and them also," the court said.
Both the CBI and ED opposed bail to Sisodia.
ED's counsel told the court that the conspiracy in the case was to see that AAP makes wrongful gains and in the process recoups benefits to persons who pay bribes to them. In this conspiracy, Sisodia played a key role.
Advocate Hossain argued that accused Vijay Nair was reaching out to bribe givers, saying policy favours would be given to them if AAP is given 100 crores for party funding.
It was further argued that the profit margin was increased from 5 to 12 per cent without any rationale given, and Sisodia planted emails to deviate from expert reports, and tutored public opinion was given by planting these emails.
Both ED and CBI argued that there had been a delay in the trial on behalf of the accused.
After hearing the arguments, the High Court reserved its orders on Sisodia's bail pleas.
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