The Supreme Court will hear on Tuesday – June 4 – the Aam Aadmi Party (AAP) leader and former Deputy Chief Minister Manish Sisodia’s plea challenging Delhi High Court order rejecting his plea for regular bail in the cases registered by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement in connection with the 2021-2022 alleged Delhi excise policy scam.

The plea is listed before a vacation bench of Justice Aravind Kumar and Justice Sandeep Mehta. Sisodia is facing prosecution by the CBI and the ED under the Prevention of Corruption Act and the Prevention of Money Laundering Act respectively in the Delhi excise policy scam.

Advertisement

The Delhi High Court had, last week, dismissed Sisodia’s bail petition in both the cases being prosecuted by the CBI and the ED respectively. 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 Sisodia’s plea for bail will be heard by the top court. Earlier on October 30, 2023, the top court bench of Justice Sanjiv Khanna and Justice SVN Bhatti, had rejected his plea for bail in both the cases.

Recapitulating, point by point, what has been stated in the chargesheet filed by the CBI against the former Deputy Chief Minister, Justice Sanjiv Khana 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 liberty to make a fresh plea for bail after three months if trial gets protracted and moves at a snail pace and does not progress as assured by the prosecuting agencies – 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 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 is accused of being allegedly involved in the destruction of crucial evidence, including electronic evidence, the High court verdict had said, further noting that he was a very powerful and influential person within the corridors of power of the Delhi government.

The High Court had said as a Minister having 18 portfolios, including the Department of Excise, Sisodia was entrusted with the formulation of a new liquor policy for Delhi.

The material collected during the investigation showed that Sisodia prima facie subverted the process of framing the excise policy by fabricating public feedback to suit his predetermined goal, stated the judgement.

Sisodia was arrested by the CBI on February 26, 2023 for his alleged role in the “scam” and the ED arrested him in a money-laundering case stemming from the CBI FIR on March 9, 2023.

According to the probe agencies, irregularities were committed while modifying the excise policy and undue favours were extended to the licence holders.

The Delhi government implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption. Sisodia had resigned from the Delhi cabinet on February 28, 2023.