Non-recovery
of cash cannot be a prima facie proof that no corruption has taken place as the
offender's mind uses new technology to commit offences without leaving behind
any trace, the Delhi High Court has held while denying bail to AAP leader
Manish Sisodia in the excise policy scam cases.
The
high court said it cannot accept the argument put forth by Sisodia about
non-recovery of cash from him in view of the statements of some hawala dealers
and other witnesses recorded during the investigation.
Justice Swarana Kanta Sharma dismissed the bail
pleas filed by the former Delhi deputy chief minister in the corruption and
money laundering cases lodged by the CBI and ED, respectively, in connection
with the alleged liquor scam.
While
the two petitions were dismissed on Tuesday, the detailed order was uploaded on
the high court's website on Wednesday.
This
court is of the view that prosecution has made out a prima facie case of
commission of money laundering under Section 3 of PMLA against Manish Sisodia,
at this stage. It is to be noted at the outset that the requirement of recovery
of cash amount from a particular person may not necessarily be a mandatory
requirement in a money laundering case where the allegations are of being part
of a conspiracy consisting of multiple accused persons, the high court said.
In
this court's opinion, non-recovery of any amount of money in cash cannot be a
proof prima facie that no corruption has taken place since the offenders mind
uses the new technology to commit offences without leaving traces of commission
of offences, it said.
The
court observed that the case involves commission of "serious offence"
of corruption in public office and money laundering.
These
offences "strike at the heart of our economic and social systems,
undermining the rule of law and eroding public trust in our institutions",
it said.
Moreover,
the form of corruption which has the tendency of stealing the legitimate resources
of the poor ordinary people and giving it to the rich can be one of the worst
forms of corruption, the high court said in a 106-page judgment.
The
court said small and medium-sized enterprises, which are managed by common
people and are the backbone of economic growth and job creation, are
particularly vulnerable to the detrimental impacts of corruption that is prima
facie visible in the formulation of the new excise policy.
It
said the new excise policy has eradicated the common and small-time businesses
and gave the entire playing field in the liquor business to those who had
money, power and had created a cartel on the basis of financial gains to those
formulating a policy, which adds to the seriousness of the offence.
The
courts of law may be considered as constant thorns in the way of free-flowing
corruption and, even if that be so and are termed as thorns, it scores the
victory for the masses, Justice Sharma said.
The
high court observed in its order that the matter involved grave misuse of power
and breach of public trust by Sisodia.
Sisodia's
conduct amounted to a "great betrayal of democratic principles", the
court said, adding he allegedly indulged in destruction of crucial evidence,
including electronic evidence.
It
said Sisodia was a very influential person within the power corridors of the
Delhi government as he had the responsibility of 18 portfolios in the city
dispensation.
Sisodia
had challenged a trial court's April 30 order by which his bail pleas were
rejected in the corruption and money laundering cases lodged by the CBI and ED,
respectively, in connection with alleged irregularities in the formulation and
execution of the now-scrapped Delhi excise policy for 2021-22.
While
seeking bail for Sisodia, his counsel had submitted before the high court that
the ED and CBI are still arresting people in the money laundering and
corruption cases, and there is no question of early conclusion of the trial.
Both
the ED and CBI opposed Sisodia's bail pleas on grounds that concerted efforts
were made by the accused to delay the process of framing charges.
Sisodia
was arrested by the CBI on February 26, 2023, for his alleged role in the
liquor "scam". The ED arrested him in the money laundering case
stemming from the CBI FIR on March 9, 2023.