In a setback to former Deputy Chief Minister of Delhi, Manish Sisodia, the Supreme Court on Tuesday refused to grant him bail in cases being prosecuted by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) as the ED told the bench that it will file the final chargesheet in the Delhi Excise Policy scam within two weeks.

Giving time to the Directorate of Enforcement till July 3 to file its final chargesheet in the Delhi Excise Policy case, a bench of Justice Aravind Kumar and Justice Sandeep Mehta permitted Sisodia to move afresh for his bail. The bench recorded a statement by Solicitor General Tushar Mehta that the Directorate of Enforcement will file a final complaint/chargesheet within two weeks.

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“We will not say anything. We will dispose (of the plea for bail) with the 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. The statement of the SG that the final chargesheet will be filed by July 3 recorded,” the court said.

As senior advocate Abhishek Manu Singhvi, appearing for Sisodia, sought to know if Sisodia can make a fresh plea for regular bail at what level, suggesting he could directly come to the Supreme Court, the bench said, “We are not saying anything.”

“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),” Singhvi said – a remark that was not appreciated by the bench.

Meeting the allegation of ED that Sisodia was delaying the trial, Singhvi said, “They said I filed a lot of applications (to delay trial), which they opposed but they were all allowed. Wife is suffering from extremely serious paralysing multiple sclerosis. These are all my statutory rights my lords, (but) they are saying I cannot! Even pre-trial has not started and it is being said I am delaying trial.”

The bench said, “In cases like this, the delay may not be attributable to the accused, prosecution, or even the court because of the sheer volume of the case.”

Apparently unhappy over the outcome of the hearing, Singhvi said, “I wish the matter was not listed during vacations.”

In the course of the hearing, Singhvi made several attempts that the vacation bench issues notice and let the matter come before an “appropriate bench” post vacations.

The first application for bail by Sisodia was heard by a bench of Justice Sanjiv Khanna and Justice SVN Bhatti. Singhvi relied heavily on the October 30, 2024, judgment of the top court by a bench of Justice Sanjiv Khanna and Justice SVN Bhatti which had given Sisodia the liberty to make a fresh attempt for bail after three months if it appeared that the trial is getting protected or moving at a snail’s pace.

Sisodia had approached the top court against the Delhi High Court order dismissing his bail plea last week 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.

This is the second time that the Supreme Court has heard Sisodia’s plea for bail in both the CBI and the ED cases. Earlier on October 30, 2023, the top court bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti had rejected his plea for bail in both cases.

Recounting the charges levelled in the chargesheet by the CBI against Sisodia, Justice Khanna, who had authored the October 30, 2023 judgment, had said, “In view of the aforesaid discussion and for the reasons stated, we are not inclined to accept the prayer for grant of bail at this stage.”

However, the top court had given Sisodia the liberty to make a fresh plea for bail after three months if the trial gets protracted and moves at a snail’s pace and does not progress as assured by the prosecuting agencies – the CBI and the ED.

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

Sisodia had approached the top court in 2023 against the Delhi High Court’s order dated July 3, 2023, denying him bail in both matters. In its July 3, 2023 order, in the ED case, the High Court had stated that in view of 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.

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