SC says Sisodia entitled to seek bail in excise policy cases, seeks response from ED

Former Delhi deputy chief minister Manish Sisodia in his bail plea cited the prolonged trial and his long incarceration of 16 months as grounds for his release

The Supreme Court said on Monday that former Delhi deputy chief minister Manish Sisodia was entitled to file a petition seeking bail in the cases being probed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) over alleged irregularities in the Delhi excise policy and directed the ED to file its response before the matter is heard next on August 5.

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

Dealing with the third bail plea filed by the Aam Aadmi Party (AAP) leader who has been in custody for over 16 months, a bench headed by justice BR Gavai noted that while disposing the first bail plea on October 30 last year, the top court had allowed Sisodia to move a fresh petition for bail if the trial does not conclude in the next six to eight months.

“The period of 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, also comprising justice KV Viswanathan.

While the CBI filed its response earlier in the day, additional solicitor general (ASG) SV Raju appearing for the ED informed the court that the agency had certain preliminary objections against entertaining the prayer for bail. Raju said that the present proceedings arise out of the Delhi high court order of May 21 denying him bail. He pointed out that this order was already challenged in the second bail plea brought by Sisodia last month when the top court on June 4 directed him to approach the trial court for bail.

Raju said, “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.”

As Raju insisted on the case being heard first on maintainability before proceeding on its merits, 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 appearing along with advocate Vivek Jain for the former Delhi deputy CM said, “It is very unfortunate that the prosecutor is making such arguments. This is an absolutely shocking submission to make.”

He informed the court that the October 30 order recorded the assurance of the prosecution to complete the trial in six to eight months. The order said, “In view of the assurance given at the bar on behalf of the prosecution that they shall conclude the trial by taking appropriate steps within 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 added that the vacation bench did not decide on bail as the SG made a statement that the trial court would soon begin its trial as the ED was in the process of filing the charge sheet before July 3.

The bench permitted Singhvi to file a response to both the CBI and ED affidavits before the next date of hearing.

Sisodia in his bail plea cited the prolonged trial and his long incarceration of nearly 16 months as grounds for his release. He was arrested by the CBI in February 2023 and later by the Enforcement Directorate (ED) a month later in connection with the probe into the irregularities in the Delhi excise policy of 2021-22.

The ED filed three additional prosecution complaints in May and June with the last one being on June 28. On the CBI probe, Sisodia said the investigation was prolonged by the arrest of Delhi chief minister Arvind Kejriwal on June 26.