Apex Court Eases Bail Conditions For AAP Leader Manish Sisodia In Delhi Excise Policy Case
The Supreme Court today removed the bail condition requiring his bi-weekly appearance before the Investigating Officers of the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) in the Delhi Excise Policy case.
The Bench of Justice BR Gavai and Justice KV Viswanathan passed the order, stating that the condition was unnecessary.
"We do not find the said condition necessary," the Court observed, while clarifying that Sisodia must continue to regularly attend the trial proceedings.
The now-deleted bail condition required Sisodia to report to the Investigating Officer every Monday and Thursday between 10–11 AM. This condition was challenged by Sisodia as part of his plea.
Pertinently, on August 9, the Court had 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.
Earlier, 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]
