Manish Sisodia | Delhi HC Seeks CBI & ED Response To AAP Leader's Bail Pleas

The Delhi High Court Today (May 3rd) issued notice to the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) on the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the Delhi excise policy case.

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Manish Sisodia | Delhi HC Seeks CBI & ED Response to AAP Leader's Bail Pleas

NEW DELHI: The Delhi High Court today responded to petitions from Manish Sisodia, the former Deputy Chief Minister of Delhi, by issuing notices to both the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI). These petitions were related to his request for bail in the contentious Delhi excise policy case.

Justice Swarana Kanta Sharma has scheduled the hearing for May 8.

In a significant development, the court permitted Sisodia to have weekly visits with his wife while in custody. This decision followed the ED’s acknowledgment that they did not oppose Sisodia’s request for custody parole for this purpose.

Previously, on April 30, a lower court had denied Sisodia’s bail applications in cases handled by both the CBI and the ED, prompting the current appeal to the High Court.

Sisodia has been detained since February 26, 2023, as investigations by both the CBI and the ED unfold concerning his involvement in the Delhi excise policy case. The case centers around allegations that certain government officials in Delhi colluded to award liquor licenses to specific merchants in return for bribes. These officials are accused of manipulating the excise policy to favor particular liquor vendors.

This recent denial marks the second occasion the trial court has refused Sisodia’s bail requests. His initial plea in the CBI case was turned down on March 31, 2023, and his subsequent request in the ED case was also rejected on April 28, 2023.

Both the trial court’s decisions were affirmed by the Delhi High Court and subsequently by the Supreme Court in October 2023.

Following these setbacks, Sisodia initiated a second series of bail applications at the trial court, which were also dismissed earlier this week.

Previous Report of April 30th in Trial Court

A Delhi court highlighted a deliberate strategy by former Delhi Deputy Chief Minister Manish Sisodia and his co-accused to delay the proceedings in the Delhi Excise Policy case.

Special Judge Kaveri Baweja of the Rouse Avenue Court noted that Sisodia, along with other defendants, has been frequently submitting applications and making oral submissions, some of which she described as frivolous.

“In the light of the above observations based on record of the case, it is thus apparent that the Applicant (Sisodia) individually, and along with different accused have been filing one or the other application/making oral submissions frequently, some of them frivolous, that too on a piecemeal basis, apparently as a concerted effort for accomplishing the shared purpose of causing delay in the matter,”

-the order stated.

This observation came as the court denied bail to Sisodia in cases brought by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) regarding the Delhi Excise Policy. The decision aligns with the Supreme Court’s guidance, which, in October 2023, refused Sisodia’s bail but allowed for the possibility of a new application if the trial showed negligible progress over three months.

Judge Baweja asserted that, despite attempts to delay the case, the trial’s pace does not justify a description of moving at a “snail’s pace.”

Further detailing her decision, Judge Baweja dismissed Sisodia’s request for bail on humanitarian grounds related to his wife’s health. She clarified that Sisodia’s claim of lacking family support for his wife was factually incorrect, noting that his son could care for her. Moreover, she pointed out that Sisodia’s wife has been managing her long-term condition with ongoing medical care, and there was no immediate medical emergency presented that would necessitate Sisodia’s release.

In a detailed order made available today, the trial court also rejected Sisodia’s contention that he should be released on bail because of the health condition of his wife.

“…the Applicant in his application has mentioned that there is nobody in the family except him to support her [wife]. However, this is factually incorrect as the Applicant has a son who can take care of the Applicant’s wife…Even otherwise, from the medical record of the wife of the Applicant as annexed with the application under consideration, it appears that she has been suffering from the said ailment since a long time and has also been receiving requisite medical treatment and care for the same. The application discloses no imminent of urgent need or any medical emergency warranting release of the Accused/Applicant on bail for this reason.”

The court also rejected Sisodia’s plea for bail on the grounds of parity with co-accused Benoy Babu, marking a continued firm stance against Sisodia’s release. Sisodia has been detained since February 26, 2023, under investigation by both the CBI and the ED for alleged misconduct in modifying the excise policy to favor certain liquor licensees in return for bribes.

This ruling marks the second instance where the trial court has denied Sisodia’s bail requests. His initial plea in the CBI case was turned down on March 31, 2023, followed by a rejection in the ED case on April 28. Subsequent appeals in the Delhi High Court and the Supreme Court upheld these decisions, reinforcing the trial court’s stance.