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SC to take up Sisodia’s bail next month; seeks clarity on money trail from ED
Former Delhi deputy CM Sisodia had moved the top court challenging two separate orders passed by the Delhi high court on July 4 and May 30 denying him bail in the ED and CBI cases respectively
The Supreme Court on Friday told former Delhi deputy chief minister Manish Sisodia seeking interim bail for his wife’s failing health condition to wait for a month as it found her condition to be stable and agreed to consider the matter after September 4 when his regular bail plea will also be heard in the two cases probed by the enforcement directorate (ED) and central bureau of investigation (CBI) over alleged discrepancies in the Delhi excise policy.
A bench of justices Sanjiv Khanna and SVN Batti also asked the ED to explain how the money trail involving Sisodia was made out. The bench said, “You have cited his role in the policy decision and on tampering of evidence, you say one file is missing. We need a clear picture of how the money trail is established. From a reading of your affidavit, it does not become clear.”
Sisodia had moved the top court challenging two separate orders passed by the Delhi high court on July 4 and May 30 denying him bail in the ED and CBI cases respectively. He had additionally sought interim bail on account of prolonged illness of his wife, who suffers from an auto-immune disease for which she is receiving treatment since the year 2000. On Friday, the matter was placed only for consideration of interim bail.
Senior advocate Abhishek Manu Singhvi appearing with advocate Vivek Jain for the senior Aam Aadmi Party (AAP) leader produced latest medical reports of July 29 suggesting that his wife’s condition was deteriorating as she was gradually experiencing loss of vision, restricted walking condition and diminishing bowel movement. As there was nobody else in the family to take care of her, Sisodia requested the Court on humanitarian grounds to release him on bail for at least two weeks.
The bench said, “This is a stable condition. We will take this plea after some time.” The Court ordered to “re-list” the matter along with the pending petitions by Sisodia for regular bail in the week commencing September 4.
The Court also observed that the disease of multiple sclerosis can have serious consequences too. Sisodia’s wife was discharged from hospital on July 3. “This disease has its own consequences as there are health conditions which can become bad,” the bench said.
The ED was represented by additional solicitor general (ASG) SV Raju who claimed that Sisodia played a crucial role in the liquor scam. The ED opposed his release as it was Sisodia who facilitated generation of proceeds of crime by favouring ‘South lobby’ in the monopolisation and cartelisation of liquor sales in the Capital.
ED further suggested that his wife be examined by a team of doctors at All India Institute of Medical Sciences (AIIMS) to know her latest condition. The bench refused saying, “You (ED) can get her papers examined. If she is already going to a reputed doctor, why should we suggest that the doctor be changed.”
The CBI had arrested Sisodia on February 26 after an FIR was registered against him in August 2022 under Indian Penal Code Section 120B (criminal conspiracy) read with Section 477A (falsification of accounts) and Section 7 of the Prevention of Corruption Act (illegal gratification) in connection with irregularities in framing and implementation of the excise policy of Delhi for the year 2021-22. It was under Sisodia, the 2021-22 excise policy was introduced in November 2021.
In his petition, Sisodia claimed that the chargesheet has already been filed by the CBI and the charges against him are punishable with less than 7 years imprisonment with other co-accused already on bail. In the ED case, the former Delhi deputy CM said that the probe conducted so far has not traced any proceeds of crime to him and in the absence of any evidence to link him with alleged money laundering, he deserves to be granted bail.
While declining bail in the CBI case, HC noted that due to the high political positions held by the accused and his position in the party in power in Delhi, the possibility of influencing the witnesses cannot be ruled out.
In April, even the trial court rejected him bail as it observed that based on the evidence collected so far, “it could be clearly inferred that the applicant (Sisodia) was related to the generation of proceeds of crime of around ₹100 crores in the form of kickbacks which were paid by the “South lobby” to the co-accused Vijay Nair, who is Aam Aadmi Party’s (AAP) communication in-charge.”
