The Delhi High Court on Monday directed the CBI and ED to place before it all the press communications and releases put out by them in relation to the investigation in the alleged Delhi excise policy scam case in which Deputy Chief Minister Manish Sisodia and businessman Vijay Nair are also accused.
The high court’s order came on a plea by Nair claiming that sensitive information in relation to the case was being leaked to the media by the investigating agencies which was hampering his right as an accused.
“The court, before proceeding further, requests respondent no. 1 (CBI) and 2 (ED) to place all the press communications and press released put out by them in connection with the investigation of the criminal case,” Justice Yashwant Varma said and listed the plea for further hearing on November 21.
The court said it will consider the official communications issued by the investigating agencies and then see if the television channels reported on the issue based on the communication or out of their “figment of imagination”.
Nair is a former CEO of an events management company and communication in-charge of AAP.
Senior advocate Dayan Krishnan, appearing for Nair, argued that if a news organisation is carrying things based on imagination, that is dangerous.
To this, the judge said, “then that is an alarm for us”.
Nair’s counsel said the case was at a critical stage of trial and when the details come in media, his rights are completely gone.
The high court also observed, “disclosure is happening in real time, prime time, day in and day out”.
According to the prosecution, Nair, who is associated with Delhi’s ruling AAP, entered into a criminal conspiracy with others, and in furtherance of the conspiracy, the excise policy of the government of the national capital territory of Delhi (GNCTD) of 2021-2022 was framed and implemented.
The motive, according to the prosecution, was to provide undue and illegal favours to liquor manufacturers and distributors at the cost of the government exchequer and the policy resulted in a huge revenue loss to the government.
The CBI had registered an FIR against public servants and excise department officers, including Deputy Chief Minister Manish Sisodia, under relevant sections of the IPC and Prevention of Corruption Act.
According to the FIR, the accused public servants were instrumental in recommending and taking decisions about the excise policy without securing the approval of the competent authority.
The intent of the accused was to extend undue favours to the liquor licensees for illegal pecuniary benefits, the FIR said.
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