Excise policy cases: SC refuses to entertain AAP leader Manish Sisodia’s bail pleas

New Delhi, Jun 4 (PTI) In a setback to former deputy chief minister Manish Sisodia, the Supreme Court on Tuesday refused to entertain his bail pleas in the cases lodged by the CBI and the ED in connection with the alleged Delhi liquor policy scam.

The apex court, however, said Sisodia can revive his petitions for bail after the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) file their final prosecution complaint and charge sheet, respectively, in the cases involving alleged corruption and money laundering.

A prosecution complaint is the ED’s equivalent of a charge sheet.

The top court had on October 30 last year dismissed Sisodia’s regular bail pleas in the cases but given him liberty to approach courts for relief if there was a change in the circumstances or trial got protracted.

A vacation bench of Justices Aravind Kumar and Sandeep Mehta noted the submissions of Solicitor General Tushar Mehta, appearing for the ED and the CBI, that the central probe agencies would file their final prosecution complaint and charge sheet by July 3.

“In the light of the said submissions made and having regard to the fact that the period of ‘6-8 months’ fixed by this court by order dated October 30, 2023 having not come to an end, it would suffice to dispose of these petitions with liberty to the petitioner to revive his prayer afresh after filing of the final complaint/charge-sheet as assured by Solicitor General,” the bench said in its order.

It added in the event of such a bail application being filed, the same would be considered on its own merits as already observed by this court in the October 30, 2023 order.

“Contentions of both parties kept open. Accordingly, these petitions stand disposed of,” the bench said.

During the hearing, senior advocate Abhishek Singhvi, appearing for Sisodia, sought bail for him, saying trials in these cases have not yet started despite the politician being in custody for nearly 15 months.

He said the trial is unlikely to commence in the near future as investigations are still going on with the agencies filing supplementary charge sheets just two weeks ago.

Singhvi pointed out that the ED has cited 162 prosecution witnesses and filed 5,000 pages of documents in the case, while the CBI has cited 294 witnesses and filed 31,000 pages of documents in the case.

“The Supreme Court in its October 30, 2023 order has said that he can apply for bail if the trial is protracted and proceeds at a snail’s pace. Looking at the number of witnesses cited by both the agencies and the voluminous documents filed by them, the trial is not likely to commence or conclude in the near future,” he submitted.

Solicitor general Mehta told the court that the list of prosecution witnesses will be pruned to ensure speedy conclusion of trial.

Justice Mehta asked the solicitor general whether he can make a statement on instruction that final charge sheet or complaint in both the cases will be filed in two-three weeks.

“This is a very pertinent question and you (SG Tushar Mehta) please take instruction on this. Whether you are done with the investigation in these cases and you will not file any more supplementary chargesheets in these matters. Can you make a statement that qua all the accused and qua all aspects, you will file a final chargesheets/complaint,” Justice Mehta said.

He added that filing of supplementary chargesheets delays the commencement of trial, and unless the prosecution files final chargesheet/complaint, the trial cannot commence.

The solicitor general, on instruction, stated that investigation would be concluded and final complaint/charge sheet filed expeditiously on or before July 3, and immediately thereafter, the trial court will be free to proceed with the trial.

The bench, in its order, said though elaborate arguments have been made during the hearing on Sisodia’s bail pleas, it would not dwell upon them as a co-ordinate bench, while dismissing Sisodia’s appeals on October 30, 2023, had granted him liberty to move a fresh bail application by placing reliance on the assurance given on behalf of the prosecution that they would conclude the trial within next 6-8 months.

Aam Aadmi Party (AAP) leader Sisodia had moved the apex court challenging the Delhi High Court’s May 21 verdict which dismissed his bail pleas in the cases probed by the two central agencies.

Sisodia had challenged in the high court a trial court’s April 30 order by which it had rejected his bail applications in the cases involving alleged irregularities in the formulation and execution of the now-scrapped 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 accusation of “windfall gains” of Rs 338 crore to wholesale liquor dealers was “tentatively 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 stemming from the CBI FIR on March 9, 2023.

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