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Synopsis

Former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia has approached the Supreme Court on India seeking bail in a case registered by the Enforcement Directorate (ED) in connection with the Delhi excise policy scam case.

Sisodia has challenged the Delhi High Court's July 3rd order whereby a single judge bench of Justice Dinesh Kumar Sharma had 'denied' bail to him.

Justice Sharma, while denying bail to Sisodia, had said, "The allegations are that deliberate loopholes were made to facilitate illegal and criminal activity. It is also pertinent to mention that investigations have revealed that 65% stakes were given to 'South Group' in Indo Spirits to make it a mechanism of continuous generation and channelization of proceeds of crime".

High Court had also noted that the ED has alleged that emails were planted by Manish Sisodia to show that there was public support to the recommendation of the group of meetings (GoM). It also noted that there was Sisodia's role in the conspiracy to allow illegal benefits in lieu of kickbacks of Rs. 100 crore.  

"In view of the high political power held by the accused (Manish Sisodia) and his position in the party (Aam Aadmi Party) in power in Delhi, the possibility of influencing the witnesses cannot be ruled out. The twin conditions in the PMLA are in addition to the triple test. This court is of the considered view that petitioner has not only been able to pass the twin conditions provided u/S. 45 of PMLA, but has also not crossed the triple test. I consider in the view of discussion made herein above that the petitioner is not entitled to bail. The petition is accordingly dismissed", the court ordered.

On June 2, the single-judge bench had 'reserved order' in Sisodia's bail plea in PMLA case.

Notably, Sisodia has been denied bail by the High Court in the CBI case also. While denying bail to him in the CBI case, the court had observed, "The allegations are very serious...the gravity and allegations do not entitle the accused to be admitted to bail". Court had taken cognizance of the fact that since the party of the applicant was in power and the primary witnesses involved were public servants, there was a potential case of influencing the witnesses thereby hampering the due process of law.

Background:

Notably, Sisodia’s bail plea in the CBI case was 'dismissed' by Special Judge MK Nagpal of Rouse Avenue Court, Delhi on March 31. While rejecting the bail plea, the court had stated that Sisodia played "the most important and vital role" in the criminal conspiracy, and he had been "deeply involved" in the formulation and implementation of the said policy.

Earlier, on February 28, a CJI DY Chandrachud-led bench of the Supreme Court dismissed former Deputy Chief Minister of Delhi, Manish Sisodia's plea challenging his arrest by the Central Bureau of Investigation (CBI) in an alleged case of corruption relating to liquor excise policy. The bench also comprising Justice PS Narasimha had held that "other efficacious remedies were available" to Sisodia.

It is CBI's case that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.  On February 26, the CBI commenced a second round of questioning after Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022.

Case Title: Manish Sisodia vs. Enforcement Directorate