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मनीष सिसोदिया: जानिये राजनीतिक संघर्ष व जेल से बाहर आने तक का सफर Delhi ...
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सिसोदिया करेंगे 'चुनावी' चुनौती से दो दो हाथ|
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"Travesty Of Justice": Manish Sisodia Gets Bail, Supreme Court Slams Delay
Manish Sisodia was granted bail by the Supreme Court Friday morning - nearly 18 months after the ex-Delhi Deputy Chief Minister was arrested by the CBI in the alleged liquor policy case. In a powerful verdict the court said he is entitled to a "speedy trial" and that a rejection now would force him to work his way back up the system. "It would be like making him play snakes and ladders," the top court said.
"In a matter pertaining to the life and liberty of a citizen - which is one of the most sacrosanct rights guaranteed by the Constitution - a citizen cannot be made to run from pillar to post," the court said.
Mr Sisodia was arrested by the CBI on February 26, 2023, and by the Enforcement Directorate less than two weeks later. He has now been granted bail in both cases, with an irate Supreme Court stating he cannot stay in jail indefinitely while the prosecution works to an unconfirmed trial date.
A bench of Justice BR Gavai and Justice KV Viswanathan also said keeping the Aam Aadmi Party leader in jailed for an "unlimited time", without a trial, is in violation of his fundamental rights.
"Incarceration of 18 months… Trial not having even commenced and appellant has been deprived of right to speedy trial, " Justice Gavai said as he asked tough questions of the lower courts.
"Keeping appellant behind bars for unlimited time will deny fundamental right. Appellant has deep roots in society… no apprehension of fleeing. Anyway… conditions can be imposed."
Manish Sisodia could not be made to run "from pillar to post" to secure bail, the court said.
In May the Delhi High Court refused bail, reasoning he could influence witnesses and destroy evidence. The following month the Supreme Court also refused a plea, noting, though, that Mr Sisodia could revive his application once the ED and CBI file their final complaints.
Mr Kejriwal has already secured bail for his arrest by the ED. However, since he was re-arrested, by the CBI, days after his bail in the ED case was confirmed by the High Court, he is still behind bars.
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The Delhi High Court has extended the remand of Chief Minister Arvind Kejriwal with the Enforcement Directorate (ED) until April first. During the hearing in court, both the ED and Kejriwal presented their arguments, where the ED stated that statements of Arvind Kejriwal have been recorded, but there's a need to confront him with a certain individual. Additionally, there is a requirement to examine the seized digital data. Chief Minister Kejriwal is not cooperating with the ED during questioning. On the other hand, Kejriwal stated that this case has been ongoing for two years, he has been arrested, yet there is no evidence against him. In my presence, Manish Sisodia has submitted documents related to the excise policy; many legislators visit my residence. Is there any basis for arresting a sitting Chief Minister? The accused give their statements, but they are repeatedly summoned, then they give statements against me, and then they are granted bail. After the hearing, the Delhi High Court extended Chief Minister Arvind Kejriwal's remand with the ED until April first. Now, until April first, the Chief Minister of Delhi will remain in ED custody. The investigative agency had requested a seven-day remand from the Delhi court. In addition, a public interest litigation was filed in the Delhi High Court demanding the removal of Delhi's Chief Minister Arvind Kejriwal from office, which the Delhi High Court dismissed. The bench chaired by Acting Chief Justice Manmohan said that the court understands that there may be some practical difficulties. Why should any order be passed? We are not supposed to give guidance to the President or the Lieutenant Governor. The executive branch implements the President's rule, and it is not the court's job to guide them.
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मनीष सिसोदिया को राहत, भतीजी की शादी में शामिल होने के लिए मिली 3 दिन की अंतरिम जमानत!
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मनीष सिसोदिया का जेल में ही मनेगा न्यू ईयर, सीबीआई केस में कोर्ट का बड़ा फैसला| Swadesh Live|Madhya Pradesh News In Hindi| Breaking News In Hindi
मनीष सिसोदिया की न्यायिक हिरासत 19 जनवरी तक बढ़ा दी है.
सीबीआई ने कोर्ट को बताया कि चार्जशीट से संबंधित सभी डाक्यूमेंट्स सभी आरोपियों को दे दिए गए हैं.
नई दिल्ली: दिल्ली शराब कांड में गिरफ्तार मनीष सिसोदिया अभी जेल से बाहर नहीं आएंगे. दिल्ली आबकारी नीति घोटाला मामले से ��ुड़े सीबीआई केस में राउज एवेन्यू कोर्ट ने बड़ा फैसला सुनाया और मनीष सिसोदिया की न्यायिक हिरासत 19 जनवरी तक बढ़ा दी है. इस आदेश का मतलब है कि मनीष सिसोदिया अब जेल में ही न्यू ईयर मनाएंगे. मनीष सिसोदिया इस मामले में सह आरोपी हैं और लंबे समय से न्यायिक हिरासत के तहत जेल में बंद हैं. मनीष सिसोदिया की न्यायिक हिरासत शुक्रवार को खत्म हो हो गई है, जिसके मद्देनजर उन्हें कोर्ट में पेश किया गया. कोर्ट ने सीबीआई द्वारा दाखिल चार्जशीट पर संज्ञान लेते हुए मामले की सुनवाई की. दिल्ली शराब घोटाले मे आरोपी मनीष सिसोदिया समेत दूसरे आरोपियों की तरफ से चार्जशीट के डाक्यूमेंट्स की जांच/मिलान सीबीआई दफ्तर जाकर किए जाने के लिए 15 जनवरी तक का समय दिया. सुबह 10 बजे से शाम 7 बजे तक सीबीआई दफ्तर जाकर डाक्यूमेंट्स की जांच कर सकते हैं. मामले की सुनवाई के दौरान सीबीआई ने कोर्ट को बताया कि चार्जशीट से संबंधित सभी डाक्यूमेंट्स सभी आरोपियों को दे दिए गए हैं. कोर्ट ने आरोपियों के वकीलों से नाराजगी जताते हुए कहा कि आपलोग मामले की सुनवाई में जानबूझकर देरी करना चाहते हैं. इसके बाद राउज ऐवेन्यू कोर्ट ने मनीष सिसोदिया की सीबीआई मामले में न्यायिक हिरासत 19 जनवरी 2024 तक बढ़ा दी. बता दें कि आम आदमी पार्टी (आप) के वरिष्ठ नेता मनीष सिसोदिया को फरवरी में केंद्रीय अन्वेषण ब्यूरो (सीबीआई) ने गिरफ्तार किया था. इससे पहले, वह अरविंद केजरीवाल सरकार में उपमुख्यमंत्री थे. उनके पास कई अन्य विभाग भी थे. हाल में उच्चतम न्यायालय ने सिसोदिया की जमानत याचिका खारिज कर दी थी. बीते दिनों मनीष सिसोदिया को बीमार पत्नी से 6 घंटे तक मिलने की अनुमति मिली थी |
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Manish Sisodia's troubles increased, bail not granted by Supreme Court
Manish Sisodiya News: In a big blow to AAP leader Manish Sisodiya, who is jailed in liquor scam, the Supreme Court today rejected the bail plea and said that the trial court will dispose of the case soon. After today's decision of the apex court, the troubles of AAP leader Sisodia have increased further. Now it is believed that Sisodia may have to remain in jail for several more months.
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Delhi Court Denies Bail To Manish Sisodia In Money Laundering Case: Facts and Laws
This article on 'Delhi Court Denies Bail To Manish Sisodia In Money Laundering Case: Facts and Laws' was written by an intern at Legal Upanishad.
Introduction
Manish Sisodia, a prominent member of the Aam Aadmi Party (AAP) and former Deputy Chief Minister of Delhi, is currently facing charges of money laundering. The allegations against him suggest involvement in illegal financial activities aimed at disguising the origin of funds. The case revolves around allegations that Sisodia was involved in illicit transactions and the laundering of money through a complex network of shell companies. It is alleged that these transactions were conducted with the intention of concealing the true source and nature of the funds. The charges of money laundering indicate that Sisodia was part of a scheme to convert illicit funds into legitimate assets by employing various methods, such as fraudulent invoicing, false contracts, and manipulation of financial records. The investigation into Sisodia's financial activities was conducted by enforcement agencies, such as the Enforcement Directorate (ED), which specializes in tackling financial crimes. They gathered evidence and presented their findings to the court, leading to the filing of charges against Sisodia. The case against Sisodia has garnered significant media attention and public interest due to his prominent political position and the implications it may have on the reputation of the Aam Aadmi Party. In this article the author tries to analysis the decision of the denial of bail, in this case that adds another layer of complexity to the ongoing legal proceedings, raising questions about the strength of the evidence against Sisodia and the potential outcomes of the trial.
Money Laundering: Meaning and concept
The charges of money laundering against Sisodia are a serious offense under the Prevention of Money Laundering Act (PMLA) of 2002 in India. Money laundering involves the conversion of illegally obtained money into seemingly legitimate assets, making it difficult to trace the funds' illicit origins. If found guilty, Sisodia could face substantial legal consequences, including imprisonment and monetary penalties.
Facts
The case involves allegations of money laundering and misappropriation of funds, which Sisodia has denied, claiming that the case is politically motivated. The Enforcement Directorate (ED) has been investigating the case and has accused Sisodia of being involved in a money laundering scheme. According to the ED, Sisodia and others have laundered money through various shell companies and used the funds for personal gain. The allegations against Sisodia are serious, and the court has considered the potential risk of tampering with evidence or influencing witnesses while denying bail. The Prevention of Money Laundering Act (PMLA), 2002, is the primary law in India that deals with money laundering offenses. It aims to prevent, combat, and control money laundering and to confiscate and seize the property obtained from laundered money. Certain sections of the Indian Penal Code (IPC), such as Section 120B (criminal conspiracy), Section 420 (cheating), and Section 409 (criminal breach of trust by a public servant), may also be relevant in this case, depending on the specific allegations against Sisodia. The Code of Criminal Procedure (CrPC) governs the procedure for the investigation, inquiry, trial, and appeal of criminal cases in India. It also outlines the conditions under which bail can be granted or denied. In this case, the Delhi court has denied bail to Manish Sisodia based on the facts of the case and the applicable laws, including the PMLA, IPC, and CrPC.
Bail Denial Decision
The Delhi court's decision to deny bail to Manish Sisodia in the money laundering case was based on several factors and considerations. These factors were taken into account by the court while evaluating the bail application. While specific details of the court's reasoning may not be available without access to the court's decision, there are some general factors that could have influenced the denial of bail. These include: The court likely considered the seriousness of the charges against Sisodia, which involve money laundering, a significant financial crime. Money laundering is often associated with organized crime, corruption, and the potential destabilization of the economy. The court may have deemed the gravity of the offense to be substantial, leading to concerns about the potential impact of granting bail. The court would have assessed the strength of the evidence presented by the prosecution against Sisodia. If the evidence was considered substantial and there was a strong presumption of guilt, the court may have been reluctant to grant bail, as it could perceive a risk of obstruction of justice, tampering with evidence, or potential flight from the country. The court might have taken into account the possibility of Sisodia using his influence or political position to interfere with the investigation or tamper with witnesses. Given his prominence in the Aam Aadmi Party (AAP) and his previous role as Deputy Chief Minister of Delhi, concerns about potential interference could have weighed against granting bail. The court would have assessed the likelihood of Sisodia engaging in similar illegal activities if released on bail. If the court believed there was a significant risk of reoffending or that Sisodia posed a threat to society, it could have contributed to the denial of bail. Legal arguments made by Sisodia's defense team in favor of granting bail would likely have centered on factors such as his clean record, his political standing, his cooperation with the investigation, and his commitment to appear for court proceedings. However, without specific details of the arguments put forth by the defense, it is challenging to provide an exhaustive list of their legal arguments. The court's specific reasons for rejecting the bail application would be outlined in its decision. These reasons could include concerns about the severity of the offense, the strength of the evidence against Sisodia, the risk of interference or obstruction of justice, and the potential for reoffending. It is important to consult the court's decision or reports based on the court's statement to ascertain the precise reasons cited for denying bail to Manish Sisodia in this particular case.
Delhi Court Denies Bail To Manish Sisodia In Money Laundering Case: Facts and Laws
Applicable Laws and Precedents
Prevention of Money Laundering Act (PMLA): Manish Sisodia is likely charged under the Prevention of Money Laundering Act, 2002, which is the primary legislation in India dealing with the offense of money laundering. The PMLA was enacted to prevent and control money laundering activities and provides for the investigation, prosecution, and punishment of individuals involved in money laundering. Provisions under PMLA, 2002: The specific sections under the PMLA that may be relevant to Sisodia's case could include Section 3 (offense of money laundering), Section 4 (punishment for money laundering), and other relevant sections that define and establish the elements of the offense, penalties, and the burden of proof. Legal Provisions and Precedents: The court's decision may have been influenced by various legal provisions and precedents relevant to money laundering cases in India. Some provisions and precedents that could have played a role in the court's decision-making process include: The burden of Proof: In money laundering cases, the burden of proof is typically on the prosecution to establish the illicit origin of funds and the involvement of the accused in money laundering activities. The court would consider the strength of the evidence presented by the prosecution and the defense's arguments regarding the lack of sufficient evidence or reasonable doubt. Interpretation of Bail Provisions: Bail provisions in the PMLA and other relevant laws provide the court with the discretion to grant or deny bail based on the circumstances of the case. The court would interpret and apply these provisions while considering factors such as the seriousness of the offense, the likelihood of the accused tampering with evidence or absconding, and the overall interest of justice. Precedents: The court's decision might have been influenced by precedents set in previous money laundering cases or cases involving similar offenses. Precedents play an essential role in guiding judicial decisions and ensuring consistency in the application of the law.
Conclusion
The denial of bail to Manish Sisodia in the money laundering case marks a significant development in the ongoing legal proceedings. The decision by the Delhi court reflects the court's assessment of factors such as the gravity of the offense, the strength of the evidence, the risk of interference, and the likelihood of reoffending. The case against Manish Sisodia holds broader implications in the context of corruption and legal proceedings in India. As a prominent political figure associated with the Aam Aadmi Party (AAP) and a former Deputy Chief Minister of Delhi, the outcome of this case can impact public perceptions of corruption in politics and the efficacy of legal measures in addressing such issues. The denial of bail underscores the seriousness of the allegations of money laundering and highlights the commitment of Indian authorities to combat financial crimes. It sends a strong message that individuals in positions of power and influence are not immune from legal consequences if found guilty of engaging in illicit financial activities. This case also emphasizes the importance of transparency, accountability, and effective legal measures in addressing corruption. The investigation, prosecution, and judicial proceedings in high-profile cases like this contribute to establishing trust in the justice system and serve as deterrents against corruption and money laundering. The eventual outcome of the trial will determine the legal consequences for Manish Sisodia and potentially impact his political career and the reputation of the AAP. It will also shape public discourse on corruption and accountability in India's political landscape, reinforcing the need for continued efforts to strengthen anti-corruption measures and ensure the rule of law.
REFERENCES
- Vineet Upadhyay, Delhi court denies bail to Manish Sisodia in money laundering case, Times of India, 29 April 2023, available at: https://timesofindia.indiatimes.com/city/delhi/delhi-court-denies-bail-to-manish-sisodia-in-money-laundering-case/articleshow/92012345.cms - Arnabjit Sur, Delhi court denies bail to Sisodia in ED’s excise policy case: ‘Evidence speaks volumes’, The Indian Express, 29 April 2023, available at: https://indianexpress.com/article/cities/delhi/excise-scam-delhi-court-denies-bail-aap-manish-sisodia-money-laundering-case-8581488/ - Nupur Thapliyal, Liquor Policy: Delhi Court Denies Bail To Manish Sisodia In Money Laundering Case, LiveLaw, 28 April 2023, available at: https://www.livelaw.in/top-stories/liquor-policy-delhi-court-bail-manish-sisodia-money-laundering-case-227439 Read the full article
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Manish Sisodia Delhi Deputy CM Arrested By CBI For Liquor Policy Scam | Bail Order On Manish Sisodia
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मनीष सिसोदिया की जमानत याचिका पर रोक|
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Manish Sisodia जी के बेगुनाही का सबूत आज लाखों बच्चों ने दे दिया We love ❤️ you Manish ji #ManishSisodia #DelhiEducationRevolution #delhieducationmodel https://www.instagram.com/p/CpuTI_ePbCx/?igshid=NGJjMDIxMWI=
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Liquor and Politics: The Manish Sisodia Scandal
The relationship between liquor and politics has been a subject of debate and controversy for many years. In India, this relationship was thrust into the spotlight in 2017, when Manish Sisodia, the Deputy Chief Minister of Delhi, was accused of involvement in a corruption scandal related to the liquor industry. The allegations against Sisodia and other officials centered around irregularities in…
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