Liquor Policy: Delhi High Court Grants Further Time To ED, CBI To Respond To Manish Sisodia's Bail Pleas

The Delhi High Court on Wednesday granted further time to the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) to file their replies to the bail pleas filed by Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia.

Sisodia is presently under judicial custody in the money laundering and corruption cases related to the alleged excise policy scam.

Justice Swarana Kanta Sharma listed the matter for hearing on Monday, May 13, after Zoheb Hossain, special counsel for ED, told court that the central probe agency wanted further one weeks' time to file its response as the Investigating Officer (IO) was in the middle of filing another supplementary prosecution complaint in the case.

“Another person is in judicial custody and the proceedings are going on in the Supreme Court regarding a co-accused,” he said.

The request was opposed by Advocate Vivek Jain appearing for Sisodia, stating that ED, before the Supreme Court, had said that the trial will be concluded in the case within six months.

He said that Sisodia's fresh bail plea filed after dismissal by the Top Court had been adjourned for three months and that ED's reply before the trial court has already been annexed in the bail plea.

Hossain opposed the contention by calling it “false submission” and said that Sisodia's bail plea in the High court has not been pending for three months.

The counsel appearing for CBI also sought one weeks' time for filing reply in the matter.

However, the court said that it will only grant time to ED and CBI for filing their response till this week and listed the matter for hearing on Monday.

Sisodia has approached court challenging the trial court orders dismissing his second bail pleas in both CBI and ED cases on April 30.

While denying him bail in the money laundering case, the trial court rejected Sisodia's plea that the proceedings in the case have been delayed or that the case is proceedings at a snail's pace. It was also observed the so­ called delay is clearly on account of reasons attributable to the AAP leader himself.

Sisodia was denied bail by the trial court, Delhi High Court and the Supreme Court in both ED and CBI cases. The Supreme Court had also dismissed Sisodia's review petitions against the denial of bail. His curative petitions have also been dismissed.

The Apex Court, while dismissing his bail plea, had last year said that he can file a fresh bail plea before the trial court if the trial proceeds at a snail's pace.

Manish Sisodia was first arrested by CBI and ED on February 26 and March 9 last year respectively.

In the FIR registered by the CBI, Sisodia and others have been accused of being instrumental in 'recommending' and 'taking decisions' regarding the 2021-22 excise policy, “without the approval of competent authority with an intention to extend undue favours to the licensee post tender”.

The central agency has also claimed that the AAP leader was arrested because he gave evasive replies and refused to cooperate with the investigation, despite being confronted with evidence.

On the other hand, the Enforcement Directorate has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers. Nair was acting on behalf of Delhi chief minister Arvind Kejriwal and deputy chief minister Manish Sisodia, according to the agency.

Sisodia's bail applications in both cases were rejected by Special Judge MK Nagpal (now transferred) on March 31 and April 28 last year. The Delhi High Court then denied bail to Sisodia in both cases after which he approached the Supreme Court challenging both these verdicts.

On October 30 last year, the Supreme Court refused to grant bail to the former Delhi deputy chief minister.

Title: Manish Sisodia v. ED, CBI