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Manish Sisodia entitled to seek bail in CBI, ED cases: Supreme Court
The court noted Sisodia was allowed to move a fresh petition if the trial does not conclude in the next six to eight months when his first bail plea was disposed of last year
The Supreme Court on Monday said former deputy chief minister Manish Sisodia was entitled to seek bail in the separate Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) cases related to alleged irregularities in now-scrapped 2021-22 Delhi excise policy case. It directed ED to file its response before the matter is heard on August 5.
A bench of justices BR Gavai and KV Viswanathan noted the court allowed Sisodia, who has been in custody for over 16 months, to move a fresh petition if the trial does not conclude in the next six to eight months while disposing of the first bail plea on October 30 last year. “...6-8 months as per our order of October 30 is over. Now his bail plea is to be considered on merits,” said the bench as it heard Sisodia’s third bail plea.
The CBI filed its response earlier in the day. Additional solicitor general SV Raju, who appeared for the ED, informed the court that the agency had certain objections against entertaining the bail plea. Raju said the present proceedings relate to the May 21 Delhi high court order denying Sisodia bail. He added this order was challenged in Sisodia’s second bail plea last month when the Supreme Court directed him to approach the trial court.
“The present appeal is also against the May 21 order while the June 4 order requires him to go before the trial court. Entertaining this petition will lead to two inconsistent orders by the top court.”
The bench told Raju the June 4 order only records the statement of solicitor general Tushar Mehta that the ED charge sheet will be filed by July 3. “Where is the adjudication on merits?”
Raju insisted on hearing the case first on maintainability before proceeding on merits. But the bench disagreed. “Why should this case be heard at two stages – interim for maintenance and then on merits? You first file your counter and then we will see.”
Senior advocate Abhishek Manu Singhvi, who appeared along with advocate Vivek Jain for Sisodia, called it very unfortunate that the prosecutor was making such arguments. “This is absolutely shocking submission to make.” He added that the October 30 order recorded the assurance of the prosecution to complete the trial in six to eight months.
The order cited the assurance given on behalf of the prosecution that they shall conclude the trial by taking appropriate steps within the next six to eight months. “...we give liberty to the appellant – Manish Sisodia – to move a fresh application for bail in case of change in circumstances, or in case the trial is protracted and proceeds at a snail’s pace in next three months.”
On June 4, Singhvi noted that the vacation bench did not decide on bail as Mehta said that the trial would soon begin as ED was in the process of filing the charge sheet before July 3. The court permitted Singhvi to file a response to both CBI and ED affidavits before the next date of the hearing.
In his plea, Sisodia cited a prolonged trial and long incarceration of nearly 16 months as grounds for his release. The CBI arrested him in February 2023 and ED a month later
Sisodia told the Supreme Court that the investigation remained pending. ED filed three additional prosecution complaints in May and June. Sisodia said the CBI probe has been prolonged with chief minister Arvind Kejriwal’s arrest on June 26.
