Supreme Court Refuses Bail to Manish Sisodia in Delhi Excise Policy Scam; Trial to Be Expedited

Manish Sisodia Law Insider

LI Network

Published on: October 30, 2023 at 12:33 IST

The Supreme Court declined to grant bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi Excise Policy Scam case, directing for an expedited trial.

Sisodia faces charges related to alleged money laundering and corruption in connection with the framing and execution of a liquor policy that has since been discarded in the national capital. He has been in custody since February and is under investigation by both the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED).

The decision was made by a bench of Justices Sanjiv Khanna and SVN Bhatti, who heard Sisodia’s appeals against the denial of bail by the Delhi High Court in both the CBI and ED cases.

The Supreme Court, having reserved judgment earlier this month after receiving notice of his petitions in July, made the ruling today.

Justice Khanna remarked on the tentative establishment of the transfer of a substantial sum of Rs 338 crores, which resulted in the denial of bail, emphasizing that the trial must be concluded within six to eight months. He highlighted that if the trial progresses slowly within the initial three months, Sisodia is entitled to file a bail application.

During the hearing, Sisodia’s advocate, Singhvi, argued that no direct money trail implicating Sisodia had been uncovered and defended Sisodia’s role in the altered liquor policy aimed at disrupting monopolistic practices among private liquor manufacturers. Singhvi stressed Sisodia’s minimal flight risk and incapacity to influence witnesses, supporting the assertion for bail.

The Supreme Court raised questions regarding the exclusion of the political party benefiting from the alleged excise policy scam.

The court clarified this inquiry as a legal question about the liability of suspected co-conspirators. Media reports surfaced suggesting that the Enforcement Directorate might summon the Aam Aadmi Party as an accused. The agencies were questioned extensively about the ongoing investigations concerning Sisodia’s involvement in the financial irregularities linked to the Delhi liquor policy.

Additional Solicitor-General Raju stated that if evidence against any individual surfaces, they will not be spared. He highlighted the seriousness of the allegations against Sisodia, referring to his significant role as the deputy chief minister and emphasized substantial evidence of his involvement in money-laundering activities.

Justice Khanna expressed concern over the delay in trials, urging the immediate commencement of arguments in both the CBI and ED cases. He questioned the reasons for the delay, citing the inspection of documents not utilized by the prosecution as a primary cause. The Enforcement Directorate assured the court of expediting the trial.

The controversies revolve around the excise policy implemented by the Delhi government to reform the liquor trade, later withdrawn due to alleged irregularities, leading to investigations and subsequent arrests, including that of Manish Sisodia, a former deputy chief minister of Delhi and a prominent Aam Aadmi Party leader.

Sisodia was arrested by the CBI on February 26 and the ED on March 9, accused of influencing decisions on the excise policy without appropriate authorization. The ED alleged a conspiracy to grant excessive profit margins to wholesalers.

Bail applications made by Sisodia were previously rejected by the courts in March and April. The Supreme Court has been approached, challenging the verdicts in both cases.

The case details are registered as Manish Sisodia v. Central Bureau of Investigation, Special Leave Petition (Criminal) No. 8167 of 2023, and Manish Sisodia v. Directorate of Enforcement, Special Leave Petition (Criminal) No. 8188 of 2023. The detailed judgment is yet to be uploaded.

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