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 bail for revival in the excise policy scam cases.

On June 4, the Supreme Court had refused to entertain Sisodia’s bail pleas 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 an application has been filed for revival of a dismissed petition that was filed seeking bail in the cases.

The plea said that the judicial officer, representing the investigating agencies, had told the bench that the charge sheet and prosecution complaint in the main excise policy scam case and the money laundering case connected therewith would be filed on or before July 3, 2024.

“In Manish Sisodia case, he has been in jail for 16 months. The court said the trial should end, it has not started yet. I filed a special leave petition (SLP), they gave me liberty to resume after July 3. The court gave me liberty to register…” Singhvi said.

“Have you sent a letter… I will think about it,” the CJI said.

While refusing 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 latest charges and chargesheets, respectively, in the cases involving allegations of corruption and money laundering.

A prosecution complaint is the equivalent of an indictment in the emergency department.

On October 30 last year, the Supreme Court had rejected Sisodia’s usual bail pleas in these cases but gave him the liberty to approach the courts for relief if circumstances change or the trial is prolonged.

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 CBI, that the central investigating agencies would file their final complaint and chargesheet by July 3.

“In light of the observations made and considering that the period of ‘6 to 8 months’ fixed by this court by order dated 30th October, 2023 has not expired, it would be sufficient to dispose of these petitions leaving the petitioner at liberty to re-launch his petition after the filing of the final complaint/charge sheet as assured by the Solicitor General,” the court had said in its order.

She added that in case such a 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 between the two parties have remained open. Accordingly, these applications are dismissed,” the court said.

Solicitor General Mehta told the court that the list of prosecution witnesses would be reduced 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 rejected his bail pleas in the cases being heard 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 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 Supreme Court had denied him bail in corruption and money laundering cases related to the alleged Delhi excise policy scam, saying the charge of “windfall gains” of Rs 338 crore for 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. On March 9, 2023, the ED arrested him in the money laundering case arising out of the CBI FIR.

He resigned from the Delhi cabinet on February 28, 2023.