SC judge recuses from hearing Manish Sisodia’s bail plea; adjourned to next week

Sisodia moved the SC citing the long incarceration of nearly 16 months, and the fact that the trial was yet to begin.

The Supreme Court on Thursday adjourned the hearing to next week on the bail plea by former Delhi deputy chief minister Manish Sisodia as one of the judges on the bench recused for personal reasons.

Former Delhi deputy chief minister and Aam Aadmi Party leader Manish Sisodia in custody in connection with the Delhi excise policy case. (ANI Photo)

Sisodia was arrested by the Central Bureau of Investigation (CBI) in February 2023 and the Enforcement Directorate (ED) a month later in connection with the probe into the irregularities in the Delhi excise policy of 2021-22.

The Aam Aadmi Party leader moved the SC citing the long incarceration of nearly 16 months, and the fact that the trial was yet to begin in either of the two cases.

As the matter came up before a three-judge bench of justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar, the court informed Sisodia’s counsel and senior advocate Abhishek Manu Singhvi that justice Kumar will not be able to hear the case.

“My brother will not like to hear the matter for personal reasons,” Justice Khanna said.

As the bench was about to adjourn it, Singhvi, assisted by advocate Vivek Jain, said, “This matter requires extreme urgency as the trial has not yet begun.”

The bench subsequently directed the registry to take orders from the Chief Justice of India (CJI) to list the matter for hearing next week.

Sisodia approached the top court against the Delhi high court order of May 21 which denied him bail. He had moved SC with a bail petition on June 4 as well. However, on that day, the Solicitor General, appearing for ED, said the investigation would conclude and the final complaint/charge sheet will be filed on or before July 3.

The apex court had on October 30, 2023, declined bail to Sisodia noting that certain aspects of the investigation was still pending. However, the court gave him liberty to move a fresh bail application in case of “change in circumstances” or in case the “trial is protracted and proceeds at a snail’s pace in next three months.”

The ED filed three additional prosecution complaints in May and June, the last being filed on June 28, which the trial court is yet to take cognizance of. The CBI, on the other hand, arrested Delhi chief minister Arvind Kejriwal on June 26 in connection with the probe into the larger conspiracy behind the excise policy scam. The probe is still ongoing in that matter.