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Synopsis

A division bench of the Supreme Court today refused to grant bail to former Delhi Deputy Chief Minister and Aam Aadmi Party (AAP) leader Manish Sisodia in the case registered against him in connection with the Delhi excise policy scam case.

While not granting any relief to the AAP leader, a bench of Justices Sanjiv Khanna and SVN Bhatti has directed that the trial be completed by 6-8 months.

Court has added that if trial proceeds slowly Sisodia would be eligible to apply for bail again in three months. 

Recently, the Enforcement Directorate had made a big revelation before the Supreme Court of India relating to the Delhi Liquor Policy scam wherein it had informed the court that the agency was contemplating making Aam Aadmi Party an accused in the scam.

"Will it be a separate or the same offence in the ED case? Answer it tomorrow. In the corruption case, it will certainly be a separate charge. Will it also be a separate charge in CBI matter?" Justice Khanna has asked the agency.

It is to be noted that a few days back, Supreme Court had clarified its stance on the question posed by it to the Enforcement Directorate, asking it as to why the AAP, was not made an accused in the liquor policy scam, when it could be a beneficiary under Prevention of Money Laundering Act (PMLA).

This issue was raised before the bench hearing Sisodia's bail application by Senior Advocate AM Singhvi, who submitted that a controversy had erupted about AAP being made an accused now in the Delhi Liquor Policy scam.

Court had then clarified its statement and said,

"Before ASG Raju begins, we would like to clarify that our question was not made with an intention to implicate anybody. Second, under PMLA, our query was that if you are not going after beneficiary A, then can you go after B and C etc..".

Singhvi had earlier told the Supreme Court that ED had to show by way of evidence the involvement of former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in the Delhi excise policy scam.

"No money trail leads to me..they are still trailing 100 crores..but still no bail..the star witness even does not say that he received any kickbacks.. this Dinesh Arora said he did not even meet the accused..all other accused, except one Aman Bhalla have been granted bail in the CBI case or have not been arrested only..this is extreme..", court was told.

Court was further told that since Sisodia was a high value target, he was still in jail.

Supreme Court had in July had agreed to hear Sisodia's bail application after senior counsel Singhvi had mentioned the same before a bench of CJI DY Chandrachud and Justice PS Narasimha. Singhvi had underlined the urgency for hearing Sisodia saying his wife was unwell and had to be hospitalised again. 

Sisodia approached the Supreme Court, challenging 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.  

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.

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