The Supreme Court on Tuesday sought a reply from the Central Bureau of Investigation and the Directorate of Enforcement on former Delhi deputy chief minister Manish Sisodia’s plea for bail in the 2021 excise policy case.

Justice B R Gavai, heading a bench also comprising Justice Sanjay Karol and Justice K V Viswanathan, issued the notice seeking reply from the CBI and the ED as court was told that Sisodia is in incarceration for the last 16 months.

The court posted the matter for further hearing on July 29, 2024.

Sisodia’s plea for bail which, in the past, used to be listed before a bench headed by Justice Sanjiv Khanna, was today listed before a new bench headed by Justice B.R. Gavai.

On July 11, the hearing on Sisodia’s bail plea could not proceed as Justice Sanjay Kumar who was part of a three-judge bench headed by Justice Sanjiv Khanna and also included Justice Sanjay Karol, recused from hearing the matter for personal reasons.

In the course of the hearing today, advocate Vivek Jain appearing for Sisodia told the bench “I have been inside for 16 months. The trial is at the same speed that was in October 2023. This is not like a NDPS case. The trial is at snail pace. This court order says that if it is not the fault of Sisodia then I may approach the Supreme Court” for bail.

Sisodia is presently in judicial custody in both the cases registered by the CBI and the ED in the Delhi Excise Policy case.

Earlier on June 4, Sisodia’s bail 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/chargesheet 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 Abhishek Manu Singhvi had told the court, “Liberty to move Supreme Court? I have been 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.

Sisodia 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.

The High Court judge, Justice Swarana Kanta Sharma while rejecting the bail pleas of Sisodia had said that he has “not been able to make out a case for the grant of bail”.

“The case at hand is a grave misuse of power and breach of public trust by the applicant who was serving as Deputy Chief Minister of Delhi at the relevant point,” the High Court had said.

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.

He 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.