Supreme Court considers listing AAP leader as fresh bail applicant in excise scam cases

New Delhi: The Supreme Court on Monday said it would consider listing a fresh petition by AAP leader and former deputy chief minister Manish Sisodia seeking revival of his bail application in the excise policy scam cases. The top court had on June 4 refused to entertain Sisodia’s bail applications in cases filed by the CBI and the ED in connection with the alleged Delhi liquor policy scam. Sisodia’s senior counsel Abhishek Singhvi said the application seeking revival of a dismissed petition that had been filed for bail in the cases. The plea said that the judicial officer, representing the investigating agencies, had told the court that the charge sheet and the prosecutor’s complaint in the main excise policy scam case and the related money laundering case would be filed on or before July 3, 2024.

“In Manish Sisodia’s case, he has been in jail for the last 16 months. The court said the trial should end, it has not started. I filed the special leave petition (SLP), they gave liberty to revive it after July 3. The court gave liberty to list…,” Singhvi said. “Have you sent a letter… I will look into it,” the CJI said. While denying bail, the court had on June 4 said Sisodia can revive his bail pleas after the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) filed their final prosecution complaint and charge sheet, respectively, in the cases involving alleged corruption and money laundering. A prosecution complaint is the equivalent of a charge sheet for the ED.

On October 30 last year, the Supreme Court had dismissed Sisodia’s usual bail pleas in the cases but gave him liberty to approach the courts for relief in case of change in circumstances or extension of the trial. A vacation bench of Justices Aravind Kumar and Sandeep Mehta had taken note of the submissions of Solicitor General Tushar Mehta, appearing for the ED and the CBI, that the central investigating agencies would file their final complaint and chargesheet by July 3. “In light of these submissions and considering that the period of ‘6 to 8 months’ fixed by this court vide order dated October 30, 2023 has not expired, it would be sufficient to dispose of these petitions with liberty to the petitioner to revive his prayer after the filing of the final complaint/chargesheet as assured by the Solicitor General,” the bench had said in its order. She had added that in case any such bail application is filed, it would be considered on its own merits as already observed by this court in its order dated October 30, 2023. “The disputes of both the parties remain open. Accordingly, these applications are dismissed,” the court had said.

Attorney General Mehta told the court that the list of prosecution witnesses will be pruned to ensure an early conclusion of the trial. Sisodia had earlier moved the Supreme Court challenging the Delhi High Court’s May 21 verdict that had dismissed his bail pleas in the cases being probed by the two central agencies. The AAP leader had challenged in the high court the trial court’s April 30 order dismissing his bail pleas in the cases involving alleged irregularities in the formulation and execution of the now-abolished Delhi Excise Policy for 2021-22. On October 30 last year, the top court had denied him bail in the corruption and money laundering cases related to the alleged Delhi excise policy scam, saying the charge of “windfall gains” of Rs 338 crore from liquor wholesalers was “provisionally supported” by evidence. Sisodia was arrested by the CBI on February 26, 2023 for his alleged role in the liquor policy case. The ED arrested him in the money laundering case arising out of the CBI FIR on March 9, 2023. He resigned from the Delhi cabinet on February 28, 2023.