Breaking: SC Grants Bail To Manish Sisodia In CBI & ED Cases Related To Excise Policy Scam On Bond Of ₹10 Lakh
The Supreme Court allowed the bail pleas of Aam Aadmi Party (AAP) leader and former deputy chief minister Manish Sisodia in the excise policy scam cases.
The Court was dealing with Special Leave Petitions (SLPs) filed by Sisodia, by which his bail petitions had been sought to be revived in the excise policy scam cases, as per the Apex Court's order dated June 4.
The Bench of Justice BR Gavai and Justice KV Viswanathan observed that now relegating back to Trial Court would be making him play the game of snakes and ladders.
Having regard to the facts, that Court said, "The trial courts and high court have already taken a view...A citizen cannot be made to run from pillar to post."
"It would be a travesty of justice to relegate the appellant to Trial Court. Liberty reserved by this court on June 4 to revive will have to be interpreted as reviving prayer before this court. We are not inclined to entertain a preliminary objection," the Bench said.
On the question of whether the Trial Court and High Court have considered delay in trial, the Bench opined that there was ignorance of this Court's order.
"When we specifically asked ASG to show any order where the trial court found any application to be frivolous, not one was shown, we find that the finding of delay by appellant is not supported by record," the Court said.
Observing that Sisodia has been incarcerated for eighteen months, the Court said, "Trial not having been even commenced, appellant has been deprived of right to speedy trial."
"It is high time that the trial court should recognize that bail is the rule and jail is an exception. In this case, 493 witnesses named. there is not remotest possibility that trial will conclude in recent future," the Bench remarked.
"Keeping the appellant behind bars for unlimited time will deny fundamental rights. The appellant has deep roots in society...No apprehension of fleeing. Anyway, conditions can be imposed," the Bench further said.
Concluding, the Court said, "Insofar as tampering is concerned, most evidence is documentary and already with ED or CBI. As a result, we allow the appeals. The Delhi High Court judgment is set aside. The appellant is directed to be released, on furnishing a bail bond of Rs. 10 lakhs....He shall surrender passport, he shall report to IO on every Monday...Shall not attempt to influence witness." Accordingly, the Court disposed of the SLP.
Pertinently, on August 6, the Court had reserved order in the AAP leader's Bail pleas. The Bench had expressed displeasure over targeting of the law officer and investigating officers during the hearings. Terming it as "poor strategy," the Court had asked the Senior Counsel appearing for Sisodia to attack the prosecution and not the prosecutor.
On August 5, the ED had told the Court that the agency has traced 45 crores, and there is digital evidence to support it. Earlier, on July 29, the ASG had objected to the second Special Leave Petition (SLP) challenging the same impugned order. Raju had submitted, "I will be filling a counter in a day or two, in the ED case. I have two preliminary objections; this is the second SLP challenging the same impugned order...One has to go before the trial court first."
On July 16, the Court had issued notice in the AAP leader's pleas. Earlier, Justice PV Sanjay Kumar had recused from hearing Sisodia's SLP. Pertinently, on June 4, the Court had disposed of Sisodia's bail plea with liberty to revive the prayer after a final complaint or charge sheet was filed in the case.
It is also to be noted that on May 21, the Single-Judge Bench of Delhi High Court had dismissed Sisodia's bail plea in CBI and ED cases related to the Delhi excise policy scam. The Bench of Justice Swarana Kanta Sharma had observed that there has been no delay in the supply of documents or by the Trial Court.
The Court had remarked that "justice hurried may lead to justice buried," as mentioned in the Apex Court's recent judgment in Sunita Devi v. The State of Bihar & Anr. On merits, the Single-Judge Bench opined, "The applicant, Manish Sisodia, was involved in the destruction of mobile phones...was responsible for 18 portfolios...is a senior leader of the Aam Aadmi Party...is an influential person.."
On May 8, the Court had granted ED and CBI more time to file reply in the matter. Earlier, on May 3, the Court had issued notices to the two agencies asking them to file their replies. In the High Court, Sisodia had challenged a Trial Court’s April 30 order in which his bail petitions were dismissed on the ground that the stage was not right for granting bail to Sisodia. The Court had continued the interim relief earlier granted to Sisodia by the trial court to meet his ailing wife once a week in custody during the pendency of the pleas. The Trial Court dismissed Sisodia's bail pleas 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.
The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies have alleged. According to the CBI and ED, which are probing the cases against Sisodia, irregularities were committed while modifying the excise policy and undue favours extended to the licence holders.
In the April 30 order, the Special Judge had denied the relief, saying the stage was not right for granting bail to Sisodia. The Aam Aadmi Party (AAP) leader was arrested by the CBI on February 26, 2023, for his alleged role in the "scam". The ED had arrested the former Deputy Chief Minister in a money-laundering case stemming from the CBI FIR on March 9, 2023.
Sisodia resigned from the Delhi cabinet on February 28, 2023. The High Court had dismissed Sisodia's bail pleas in the CBI and the ED cases on May 30 and July 3 last year. On October 30, 2023, the Supreme Court refused to interfere with the High Court's order, saying the allegation levelled by the probe agencies that "windfall gains" of Rs 338 crore were made by a few wholesale liquor distributors was "tentatively supported" by material and evidence. The Delhi government implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.
Cause Title: Manish Sisodia v. Directorate of Enforcement & Another connected matter [SLP (Crl) No. 8781/2024 & SLP (Crl) No. 8772/2024]