[Excise Policy Scam] Delhi Court to hear AAP MP Sanjay Singh's Bail Plea in PMLA case on November 28

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Synopsis

Singh was arrested on October 4 by the ED in the money laundering case

A Delhi Court will hear the bail petition of Aam Aadmi Party leader Sanjay Singh in a money laundering case related to alleged liquor policy irregularities on November 28.

The court deferred the bail plea on Saturday, i.e., November 25, for hearing due to the non-availability of the concerned trial court judge.

On Friday, i.e., November 24, Special Judge MK Nagpal of the Rouse Avenue Court, Delhi, extended judicial custody of Aam Aadmi Party MP Sanjay Singh till December 4 in a money laundering case related to the Delhi excise policy scam. 

Sanjay Singh was arrested on October 4 by the ED in the money laundering case. Singh was taken into custody after a day-long search of his residence. This is the third high-profile arrest in the case. 

Earlier, the trial court had directed Singh not to give an interview to the media while being produced and also asked the press not to ask him questions. The judge had said, "Talking to the media while appearing in court creates a security problem".

The AAP MP was arrested a day after, a Delhi Court allowed Raghav Magunta, son of YSR Congress MP Magunta Srinivasulu Reddy, and businessman Dinesh Arora, both accused in the case, to "turn approvers."

In the prosecution complaint filed by the ED, Sanjay Singh's name appeared in a statement by Arora. 

Arora and Magunta were arrested by the agency earlier this year and are out on bail. Besides the two businessmen, AAP's communication in-charge Vijay Nair was also arrested in September 2022, and former Delhi Deputy CM Manish Sisodia was arrested in February this year. 

Proceedings before Supreme Court

Singh has moved the top court challenging the high court's dismissal of his plea against his arrest and remand by the ED in a case related to the excise policy scam after he was arrested on October 4. 

A division bench of the Supreme Court issued notice on November 20 in the plea by Aam Aadmi Party MP in a money laundering case related to the Delhi excise policy scam. Justices Sanjiv Khanna and SVN Bhatti have issued notice that is returnable in the week after December 11, 2023.

Proceeding before Delhi High Court 

Notably, the AAP Leader had moved the High Court on October 13, challenging his arrest and ED remand in the case. On October 20, while dismissing Singh's pleJustice Swarana Kanta Sharma had said, "At a premature stage, where investigation is yet to take place, this court doesn't find any ground to interfere with the order of remand or arrest".

Justice Sharma had said that, as in the case of a public figure or any individual citizen, a bar has to be raised. "The judicial commitment to assure human dignity, however, cannot extend to the quashing investigation process at its early stage," she added.

On the contention that the confession of the approver (Dinesh Arora) was under pressure and false in view of framing the present accused (Sanjay Singh), Justice Sharma said, "The statement was recorded with due process and the provisions of the law. The determination as to whether the confession was extracted under pressure and without a procedural framework or abuse of power cannot be considered at this stage".

Furthermore, on the contention that this is a politically motivated case of "malice" and the investigating agency (ED) is under the control of a particular political party, Justice Sharma said, "This court cannot and will not be part of either of the said discussion or the said adjudication unless the matter is in issue along with the material is placed before it for adjudication. The courts of this country have been best left untouched by such influences".

Case Title: Sanjay Singh v. Directorate of Enforcement