On Wednesday, April 12, the Enforcement Directorate (ED) opposed the bail of AAP leader and former Deputy Chief Minister Manish Sisodia in a money laundering case connected to the excise policy. ED said to the Delhi Court that the AAP leader was responsible for manufacturing emails indicating widespread support for the policy.
At the Rouse Avenue district court, ED attorney Zoheb Hossain provided Special Judge MK Nagpal with documents informing him of the updates on the ongoing investigation into Manish Sisodia.
“We have evidence that Sisodia had planted emails. These have been received not only in the official email account of the excise department but even in Sisodia’s personal email account. This is another proof of conspiracy, the content of the email was given by Sisodia which suited his agenda,” Hossain said to the court.
He indicated that Zakir Khan, the head of the Delhi Minorities Commission, had been given instructions to send these pre-written emails. “Zakir Khan then asked his interns to send these emails… Fabricated emails to show public approval for a policy. This is a sham approval,” Hossain told the court.
In his testimony before the court, he said that the excise policy “was made without any discussion” and that it was “contrary to any known prudence”. Hossain told the court that the expert committee’s proposal called for people to apply and receive two retail vends.
According to the ED attorney, this was done to prevent cartelization. The lottery system was meant to make this happen. Hossain informed the court that Sisodia supported the limited entity concept.
In response to claims that the profit margin was boosted to 12% in order to ensure that bribes supplied by the “South Group” could be recouped, Hossain informed the court that there was “not a shred of evidence” supporting the claim. “Conspiracies are hatched in secrecy, all the elements of conspiracy are present. Policy-making cannot be done in secrecy,” Hossain told the jury.
“The new policy was framed, in lieu of kickbacks,” said Hossain adding that if the wholesale business was kept with the government, there was no manner in which the kickbacks could be taken. The attorney stated that Sisodia’s argument that these are policy considerations and the court should not second guess is a complete bogey.
“Policy making does not happen telepathically… A policy, which is touted to be transparent, and fair, is introduced without any deliberation. An illegal ecosystem was created to give illegal benefits to liquor cartels in lieu of kickbacks,” Hossain told the court.
The court will hear Sisodia’s attorney’s response on April 18. The majority of Sisodia’s attorneys’ arguments for bail have focused on the lack of evidence of concealment, projecting, or obtaining proceeds of crime.
