All excise accused are now free as Bizman granted bail | Latest news India

In its bail order in connection with the Central Bureau of Investigation (CBI) probe, the apex court noted that all other accused in the case were already out and the trial, involving over 300 witnesses, was yet to begin. In September, the Delhi High Court granted bail to Dhall in the money laundering case probed by the Enforcement Directorate (ED) and linked to the excise duty scam.

“The continuation of judicial custody of the petitioner will serve no purpose. Without expressing any opinion on the merits, we direct that the petitioner be released on bail,” a bench headed by Justice Surya Kant said.

If Dhall leaves Tihar Jail, no one will be jailed in connection with alleged irregularities in Delhi’s now scrapped excise policy, a far cry from April 2024, when at least 10 top leaders and businessmen were behind bars.

The most notable of these suspects was Kejriwal, who was arrested by ED in a dramatic raid in March and then re-arrested by the CBI in June before being released by the Supreme Court in September. 17 months in jail before being granted bail by the apex court in August, and senior Rajya Sabha MP Sanjay Singh, who was arrested on October 4, 2023 and released on April 3, 2024.

Other prominent politicians who were arrested and spent time in jail included Bharat Rashtra Samithi leader K Kavitha, who was arrested on March 15, 2024 and granted bail on August 27, 2024.

Other people locked up in the case included Kejriwal’s aide Vijay Nair, Pernod Ricard regional manager Benoy Babu, businessman Arun Pillai and Butchi Babu who are considered close to BRS leader Kavitha, besides other officials, vendors and distributors of the excise department.

The AAP has hailed all the bail orders in the case as vindication of its stand that there was no wrongdoing, while the BJP has called them procedural and not proof of innocence.

The excise policy was introduced in November 2021 for the financial year 2021-2022, marking the Delhi government’s exit from alcohol retailing and allowing private companies to bid for licenses. The aim, the Delhi government said, was to improve the purchasing experience for citizens by allowing competition in the market to raise standards.

But the policy was scrapped when Delhi’s Lieutenant Governor VK Saxena asked for an inquiry, citing a report by the chief secretary alleging irregularities. The agencies alleged that the rules were changed in exchange for bribes to help wholesalers achieve windfalls ₹300 crores.

In total, the central agencies between ED and CBI arrested 19 people in 20 months in the case which eventually became one of the most important cases with widespread political ramifications.

The series of arrests dented the AAP’s anti-corruption creed, boosted the Bharatiya Janata Party’s campaign in Delhi and was at the heart of the opposition’s allegations that the Union government was using federal agencies to destabilize non-BJP governments. Discussions about the case were echoed in this summer’s general election campaign.

The AAP and other suspects repeatedly denied the allegations, calling them a BJP ploy and arguing that the prosecution could never establish a money trail or prove the recovery of bribes.

More than seven of these bail pleas were granted by the Supreme Court, nearly six by the Delhi High Court and a few others by local courts. In almost every successful bail hearing, the court has disapproved of prolonged detention in a case without hope of a speedy end to the trial and found that it infringes on a person’s fundamental right to liberty under Article 21 of the Constitution. It also sparked a debate on the stringent provisions of the Prevention of Money Laundering Act and their potential for abuse and denial of bail.

When the SC granted Kejriwal bail in September, it underlined that continued detention for an extended period pending trial would be a violation of the right to liberty, which goes back to Article 21 of the Constitution. Viewing personal freedom as a sacred fundamental right, the court reiterated, “Bail is the rule and imprisonment is the exception,” and said, “Bail should not be withheld as a form of punishment.”

The court made a similar observation while granting bail to Sisodia. The Supreme Court in its judgment on August 9 said that in a matter relating to the life and liberty of a citizen, which is one of the most sacred rights guaranteed by the Constitution of India, a citizen cannot be moved from pillar to post. the wall can be run as it would be “a mockery of justice”.

The bench even questioned the reluctance of the courts to grant bail by noting: “From our experience, we can say that it appears that the trial courts and the high courts were trying to play it safe in matters of granting of bail… It is high It is time that the courts and the high courts recognize the principle that bail is the rule and jail is the exception.”

The court noted his 17-month detention with no prospect of an early trial, finding that “keeping the appellant behind bars indefinitely in the hope of an early conclusion of the trial violates his fundamental right to liberty would deprive under Article 21 of the Treaty. the Constitution.”

Undermining the CBI’s contention that Kejriwal should be referred to the court for bail, the court underlined that an evolved jurisprudence on bail is crucial for a socially sensitive judicial process. According to the court, the prolonged detention of a suspect pending trial is an unjust deprivation of personal freedom, which is protected by Article 21 of the Indian Constitution.

The court’s reasoning was similar while also granting bail to former CM Manish Sisodia, saying his 17-month confinement coupled with his continued detention in a case where there is no hope of the trial ending anytime soon constitutes infringement asserts his fundamental right to freedom and speedy trial. In that case too, the court cited Article 21.

Even on Thursday, the top court – which also includes Justice Ujjal Bhuyan – underlined that Dhall had already been granted bail in the PMLA case.

“While directing Dhall to cooperate in the trial, the court noted that trial in the case is yet to commence. The petitioner has been in pre-trial detention for eighteen months. There are approximately 300 witnesses that the CBI intends to examine and as such, the completion of the trial will take a reasonable time,” the report said.

Dhall is the executive director of the family-owned Brindco Sales Private Limited and was part of a WhatsApp group “Delhi Liquor Sales Association” where the new excise policy was reportedly circulated before it was finalized. He was accused by the CBI of being part of the conspiracy to take advantage of the new excise policy and facilitating kickbacks to the AAP.

Additional Solicitor General (ASG) Raja Thakre, appearing for the CBI, submitted that the petitioner was one of the main beneficiaries of the scam and even tried to bribe ED officers. He informed the court that charges had been filed in the case and that around 300 witnesses would be questioned during the trial.

“Today all white-collar criminals are emboldened because they know they will escape. You need to do scientific research so this doesn’t happen. For this, prosecution must be made robust and efficient. Unfortunately, the number of convictions in these cases is declining,” the court said.

The court also pulled up CBI as it had hundreds of witnesses who prolonged trials. “In 21 years, I have not seen a single case of CBI with less than 200 witnesses. Those who pass on the road, make them a witness. Make sure the list of witnesses remains under 100,” Judge Kant said.

Dhall was arrested by the CBI on April 18, 2023, and the long period of incarceration also weighed on the court. He was earlier arrested by ED in March 2022. Dhall approached the top court in August challenging the Delhi High Court’s rejection of bail in June.