Delhi excise case: SC to hear Sisodia plea against mandatory appearances

Senior advocate Abhishek Manu Singhvi, who appeared for Sisodia, said that the two-week period had expired and the matter was to come up on December 10

New Delhi

Sisodia secured bail on August 9 in the Delhi excise policy case. The bail order required him to appear before the IO twice a week. (ANI)

The Supreme Court will take up on Wednesday former Delhi deputy chief minister Manish Sisodia’s petition seeking modification to his bail condition requiring his appearance before the investigating officer (IO) twice a week.

A bench of justices Bhushan R Gavai and KV Viswanathan passed the order on a mention made by senior advocate Abhishek Manu Singhvi, who appeared for Sisodia. The senior lawyer told the court that notice on the plea seeking modification was issued on November 22 with a direction to be heard after two weeks.

Singhvi said that the two-week period had expired and the matter was to come up on December 10. However, the list of cases for Tuesday did not mention the case, prompting Sisodia’s legal team to mention the matter. “It is a small matter and won’t take much time,” said Singhvi, following which the court posted the case for Wednesday.

Sisodia secured bail on August 9 in the Delhi excise policy case. The bail order required him to appear before the IO twice a week. In his plea before the top court, Sisodia said that since the grant of bail, he appeared 60 times before the IO and attended trial on all 18 dates, showing full compliance with the order passed by the top court.

“He is a respectable person. He has gone to the IO 60 times. Such a condition has not been imposed on other accused as the same ED gave its no objection. This must be heard at the earliest,” Singhvi said in his original submission to the court.

The top court order granting bail to Sisodia said, “The appellant is directed to be released on bail in connection with ED Case and FIR registered against the appellant by the CBI on furnishing bail bonds for a sum of ₹10 lakh with two sureties of the like amount.”

He was also directed not to try to influence the witnesses or tamper with the evidence, and surrender his passport.

Sisodia was arrested in February 2023 for his alleged role in the conspiracy to introduce the now-scrapped 2021-22 excise policy to benefit private retailers by increasing commission rates from 5% to 12%.

The judgment noted the long incarceration of 17 months suffered by Sisodia and the fundamental right to speedy trial under Article 21 of the Constitution of India. It said that, based on the huge volume of evidence and the long list of witnesses, there was no probability that the trial would commence soon.

The bench said, “In our view, keeping the appellant behind the bars for an unlimited period of time in the hope of speedy completion of trial would deprive his fundamental right to liberty under Article 21 of the Constitution.”

It added that in a matter pertaining to the life and liberty of a citizen, a citizen can’t be made to run from pillar to post as the court held it would be a “travesty of justice” to send Sisodia back to the trial court to seek bail.