Supreme Court Justice Sanjay Kumar on Thursday recused from hearing AAP leader Manish Sisodia’s plea for reviving his bail plea by challenging the Delhi High Court order in the excise policy case.

Soon after Manish Sisodia’s plea for the revival of his bail plea was called, Justice Sanjiv Khanna heading the bench said that his brother Judge Justice Sanjay Kumar will not like to hear the matter for personal reasons.

After the recusal of Justice Sanjay Kumar, Justice Khanna ordered the listing of Sisodia’s plea next week before an appropriate bench in which Justice Sanjay Kumar is not a member.

The matter was listed before a three-judge bench of Justice Sanjiv Khanna, Justice Sanjay Karol and Justice Sanjay Kumar.

Appearing for Sisodia, senior advocate Abhishek Manu Singhvi told the bench that the matter is of extreme urgency.

On June 4, Sisodia’s plea was listed before a vacation bench comprising Justice Aravind Kumar and Justice Sandeep Mehta. The vacation bench did not take a call on Sisodia’s bail partition as it gave the Directorate of Enforcement time till June 3 to file final charge-sheet in the Delhi excise policy case.

While giving time to the Directorate of Enforcement to file the final charge-sheet by July 3, the vacation bench permitted Sisodia to file, afresh, a bail petition thereafter. The vacation bench had recorded a statement by the Solicitor General Tushar Mehta that the Directorate of Enforcement will file a final complaint/charge sheet in two weeks.

“We will not say anything. We will dispose (of the plea for bail) with liberty to revive your prayers. We are not saying anything on merits and all contentions are left open. In both the CBI and ED cases the order is (common) …. Ordered accordingly and disposed of. Statement of SG that final charge sheet will be filed by July 3 recorded,” the Court had said on June 4, 2024.

During the June 4 hearing, senior advocate Singhvi had told the court, “Liberty to move Supreme Court? I am inside for 15 months. Let me be very blunt, trial courts and High Courts do not deal with politically sensitive matters (on time).”

The first application for bail by Sisodia was heard by a bench of Justice Sanjiv Khanna and Justice SVN Bhatti. The October 30, 2023, judgment of the top court had given Sisodia the liberty to make a fresh attempt for bail after three months if it appears that the trial is getting protected or moving at a snail pace.

“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 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”, the top court had said in its October 30, 2023, judgment.

Sisodia, in the instant case, had approached the top court against Delhi High Court order dismissing his bail plea in both the cases being prosecuted by the CBI and the ED.

Sisodia was arrested by the CBI on February 26, 2023, for alleged irregularities in the framing and implementation of Delhi’s excise policy for the year 2021-2022. He was arrested by the ED in an alleged money-laundering case stemming from the CBI FIR on March 9, 2023.

Sisodia had resigned from the Delhi government on February 28, 2023.The controversial policy was withdrawn amid allegations of foul play by the opposition. He is currently in judicial custody.

The Delhi government had implemented the policy on November 17, 2021, but it was scrapped at the end of September 2022 amid allegations of corruption.