Delhi Liquor Policy Case | Supreme Court To Hear AAP MP Sanjay Singh's Bail Plea And Challenge Against ED Arrest On March 19
The Supreme Court on Tuesday (March 12) directed Aam Aadmi Party (AAP) leader Sanjay Singh's challenge against his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi liquor policy scam and bail application to be listed for hearing on Tuesday, March 19.A bench of Justices Sanjiv Khanna, Dipankar Dutta and Prashant Kumar Mishra was hearing two special leave...
The Supreme Court on Tuesday (March 12) directed Aam Aadmi Party (AAP) leader Sanjay Singh's challenge against his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi liquor policy scam and bail application to be listed for hearing on Tuesday, March 19.
A bench of Justices Sanjiv Khanna, Dipankar Dutta and Prashant Kumar Mishra was hearing two special leave petitions filed by the arrested Member of Parliament (MP). The first plea is a challenge against his arrest and remand in the money laundering case, while the second is an application for bail. The Delhi High Court refused to set aside his arrest in October last year. Last month, it declined his request for bail.
On the last occasion, Singh's latest plea, seeking bail in the case under the Prevention of Money Laundering Act (PMLA), was directed to be tagged with his earlier special leave petition challenging his arrest and remand.
Today, on behalf of the Enforcement Directorate (ED), Advocate Zoheb Hussain informed the court that the central agency's response to Singh's bail application was ready to be filed. "Notice was issued in this matter on February 26. Our reply is ready. We are putting it in today itself. In the other matter, the pleadings are complete."
"Can we take it on next Tuesday," Justice Khanna asked Singh's lawyer, Senior Advocate Abhishek Manu Singhvi. When the senior counsel gave his assent, the bench directed the matter to be posted to Tuesday, March 19, for further hearing.
Background
The origin of the controversy is the excise policy framed by the Government of the National Capital of Delhi to boost revenue and reform liquor trade in 2021, which was later withdrawn after allegations of irregularities in implementation were made and Lieutenant-Governor Vinay Kumar Saxena ordered a probe by the Central Bureau of Investigation into the policy. This policy – which sought to completely privatise liquor trade in the national capital – was used to grant undue advantage to private entities at the cost of the public exchequer and smacked of corruption, the Enforcement Directorate and the Central Bureau of Investigation have claimed. They have alleged that there was a coordinated conspiracy to provide extraordinary profit margins to wholesalers, led by individuals including Vijay Nair acting on behalf of Manish Sisodia, former deputy chief minister of Delhi and a prominent leader of the Aam Aadmi Party. The investigations are currently underway and have led to the arrest of Sisodia and others.
Sanjay Singh, currently in judicial custody, was arrested by the ED on October 4 following searches at his residence in Delhi. The central agency alleges that an employee of businessman Dinesh Arora delivered Rs. 2 crores to Singh's house on two occasions. Singh's arrest followed accusations made by Arora, who later turned approver in both the ED and CBI cases. The Enforcement Directorate claims that it had digital evidence to confront Singh with.
In October, the Delhi High Court rejected his petition challenging his arrest and remand in connection with the money laundering case linked to the liquor policy scam. Despite Singh's claim that the case was politically motivated, Justice Swarana Kanta Sharma emphasised that court cannot interfere with the work of the Enforcement Directorate, a premier investigative agency, in the absence of substantial evidence supporting such allegations. Noting that the investigation was incomplete, the single judge also observed that the petition was premature.
In the meantime, Singh has attempted to secure bail, although his attempts have been unsuccessful. In December, the city's Rouse Avenue Courts declined his bail plea. Special CBI Judge MK Nagpal dismissed Singh's bail plea. Aggrieved by this, Singh approached the Delhi High Court with his bail application but to no avail. Justice Swarana Kanta Sharma of the Delhi High Court, while denying bail to Singh, stated that no grounds were established for his release. However, the court directed the trial court to expedite the trial proceedings once they commence, ensuring that Singh's rights as an accused are protected. This directive came with the condition that neither Singh's counsel nor the prosecution should seek unnecessary adjournments during the trial.
Case Details
1. Sanjay Singh v. Union of India & Anr. | Special Leave Petition (Criminal) No. 14510 of 2023
2. Sanjay Singh v. Directorate Of Enforcement | Special Leave Petition (Criminal) No. 2558 of 2024