Delhi Excise Policy Case | Manish Sisodia’s Bail Plea Rejected by Supreme Court

Today(on 4th June),The Supreme Court has refused to grant bail to Manish Sisodia, the Aam Aadmi Party leader, in the money laundering case related to the Delhi excise policy. The Court recorded the Enforcement Directorate’s submission that a chargesheet will be filed in the matter by July 3.

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Delhi Excise Policy Case | Manish Sisodia's Bail Plea Rejected by Supreme Court

NEW DELHI: Today(on 4th June), The Supreme Court has refused to grant bail to Aam Aadmi Party (AAP) leader Manish Sisodia in the money laundering case related to the Delhi excise policy. The case, which has garnered national attention, has taken a new turn with the Supreme Court’s decision.

The Vacation Bench of Justices Aravind Kumar and Sandeep Mehta recorded the submission of the Enforcement Directorate (ED) that a chargesheet will be filed in the matter by July 3. The Court made it clear that it is not making any comments on the merits of the case and stated that Sisodia will have the liberty to file for bail afresh.

“We will not say anything. We will arrange with freedom to resuscitate your requests. We are not expressing anything on benefits and all conflicts are left open. The order is (common) in both the CBI and ED cases…. accordingly ordered and disposed of. Explanation of SG that last chargesheet will documented by July 3 recorded,”

– the Court said.

However, the Court did not clarify whether the liberty to file for bail afresh would be before the trial court or the Supreme Court. This ambiguity was addressed by Senior Advocate Abhishek Manu Singhvi, who represented Sisodia, stating-

“Liberty to move Supreme Court?I spend fifteen months inside. To put it bluntly, trial courts do not promptly handle politically sensitive cases.”

The Supreme Court’s decision to reject Sisodia’s bail plea has sparked a wider discussion on the implications of this case. The Aam Aadmi Party has been vocal in its support for Sisodia, with party leader Arvind Kejriwal condemning the move and calling it a “black day for democracy.”

“Manish Sisodia is the most fair instruction serve India has at any point had. Democracy will suffer greatly if he is imprisoned. This wrongdoing will not be tolerated by the nation.”

– Kejriwal said.

The Delhi government has also criticized the decision, with Deputy Chief Minister Saurabh Bharadwaj stating-

Manish Sisodia has spent 15 months in jail without any charge sheet being filed. This appears to be a case of political vendetta. The Central government seems intent on destroying the Aam Aadmi Party and the Delhi government.”

On the other hand, the Bharatiya Janata Party (BJP) has welcomed the Supreme Court’s decision, with party spokesperson Gaurav Bhatia stating-

The Supreme Court has upheld the rule of law. The court has not made any comments on the merits of the case, which means the investigation is still ongoing, and the court has granted the accused the liberty to file for bail again.”

Manish Sisodia, a prominent figure in the Aam Aadmi Party (AAP) and the former Deputy Chief Minister of Delhi, has been in custody since February 26, 2023, in connection with the Delhi excise policy case. The case involves allegations that Delhi government officials had connived to grant liquor licenses to certain traders in exchange for bribes. Sisodia’s continued detention has sparked a complex legal battle, with the Delhi High Court and the Supreme Court playing pivotal roles.

The Delhi High Court had, on May 21, denied bail to Sisodia in the cases registered by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

Single-judge Justice Swarana Kanta Sharma noted that

“The prosecution had presented a prima facie case of money-laundering.”

Sisodia’s conduct was deemed to amount to “great betrayal of democratic principles,” and the court added that the delay in the trial cannot be attributed to the CBI and the ED.

Sisodia has been actively pursuing legal avenues to secure his release. This is the second round of bail applications filed by him. One round of bail applications was earlier rejected in 2023. Sisodia’s bail plea in the CBI case was rejected on March 31, 2023, and on April 28, 2023, the trial court rejected his bail application in the ED case. The Delhi High Court upheld the trial court orders, and the same was upheld by the Supreme Court as well in October 2023.

During the recent hearing in the Delhi High Court, Senior Advocate Abhishek Manu Singhvi, appearing for Sisodia, countered the contention by ED that he was delaying the trial.

Singhvi stated-

“They said I filed a lot of applications (to delay the trial), which they opposed but the court allowed. My wife is suffering from a extremely serious and debilitating case of multiple sclerosis. These are all my legal rights, my lords, (but) they are saying I cannot exercise them! The pre-trial has not even started and they are claiming I am delaying the trial.”

In response, Solicitor General Tushar, representing the ED, said that Sisodia was protracting the trial and then blaming that the trial was proceeding at a snail’s pace. Tushar also informed the court that the ED will file the chargesheet in the matter soon, and the court may direct a day-to-day trial.

The excise policy case involves allegations that Delhi government officials had connived to grant liquor licenses to certain traders in exchange for bribes. The accused officials are alleged to have tweaked the excise policy to benefit certain liquor sellers.

Case Title:

Manish Sisodia vs Directorate of Enforcement]

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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