New Delhi: In a setback to former Deputy Chief Minister of Delhi, Manish Sisodia, the Supreme Court on Tuesday refused to grant him bail in cases being prosecuted by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED), as ED told the bench that it will file final chargesheet in Delhi Excise Policy scam in two weeks.
Giving time to Directorate of Enforcement till July 3 to file its final charge sheet Delhi Excise Policy case, a bench of Justice Aravind Kumar and Justice Sandeep Mehta permitted Sisodia to move afresh for his bail in the case. The bench recorded a statement by the Solicitor General Tushar Mehta that the Directorate of Enforcement will file a final complaint/chargesheet in two weeks.
“We will not say anything. We will dispose (of the plea for bail) with liberty to revive your prayers. We are not saying anything on merits and all contentions are left open. In both the CBI and ED cases the order is (common) .... Ordered accordingly and disposed of. Statement of SG that final chargesheet will be filed by July 3 recorded," the Court said.
As senior advocate Abhishek Manu Singhvi, appearing for Sisodia, sought to know if Sisodia can make a fresh plea for regular bail at what level, suggesting he could directly come to the Supreme Court, the bench said, “We are not saving anything.”
"Liberty to move Supreme Court? I am inside for 15 months. Let me be very blunt, trial courts and High Courts do not deal with politically sensitive matters (on time),” Singhvi said - a remark that was not appreciated by the bench.
Meeting the allegation of ED that Sisodia was delaying the trial, Singhvi said, “They said I filed a lot of applications (to delay trial), which they opposed but they were all allowed. Wife is suffering from extremely serious paralysing multiple sclerosis. These are all my statutory rights my lords, (but) they are saying I cannot! Even pre-trial has not started and it is being said I am delaying trial.”
The bench said, “In cases like this, the delay may not be attributable to the accused, prosecution or even the court because of the sheer volume of the case.” Apparently unhappy over the outcome of the hearing, Singhvi said, “I wish the matter was not listed during vacations.”
In the course of the hearing, Singhvi made several attempts that the vacation bench issues notice and let the matter come before an “appropriate bench” post vacations.
The first application for bail by Sisodia was heard by a bench of Justice Sanjiv Khanna and Justice SVN Bhatti. Singhvi relied heavily on the October 30, 2024, judgment of the top court by a bench of Justice Sanjiv Khanna and Justice SVN Bhatti which had given Sisodia the liberty to make a fresh attempt for bail after three months if it a[pears that the trial is getting protected or moving at a snail pace.
Sisodia had approached the top court against Delhi High Court order dismissing his bail plea last week in both the cases being prosecuted by the CBI and the ED. 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 the Supreme Court had heard Sisodia’s plea for bail in both the CBI and the ED cases. Earlier on October 30, 2023, the top court bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti, had rejected his plea for bail in both the cases.
Recounting the charges levelled in the charge-sheet by the CBI against Sisodia, Justice Khanna 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 had approached the top court in 2023 against July 3, 2023, Delhi High Court order denying him bail in both the matters. In its July 3, 2023, order, in the ED case, the High Court had stated that in view of the high political positions held by the accused and his position in the party in power in Delhi, the possibility of influencing the witnesses cannot be ruled.
Sisodia was arrested by the CBI on February 26, 2023, by the CBI for alleged irregularities in the framing and implementation of Delhi's excise policy for the year 2021-2022. He was arrested by the ED in an alleged money-laundering case stemming from the CBI FIR on March 9, 2023.
Sisodia had resigned from the Delhi government on February 28, 2023.The controversial policy was withdrawn amid allegations of foul play by the opposition. He is currently in judicial custody.
The Delhi government had implemented the policy on November 17, 2021, but it was scrapped at the end of September 2022 amid allegations of corruption.
