Supreme Court Issues Notice To CBI/ED On Manish Sisodia's Bail Applications In Liquor Policy Case

The Supreme Court today issued notice on former Delhi Deputy Chief Minister Manish Sisodia's bail applications in the money laundering and corruption cases registered over the alleged liquor policy scam.

A bench of Justices BR Gavai, Sanjay Karol and KV Viswanathan passed the order, upon hearing Advocate Vivek Jain (appearing for Sisodia), who argued that Sisodia has remained in custody for 16 months and the trial is at the same stage as it was in October, 2023, when he was given liberty to come back if the trial does not progress.

The matter has been listed on July 29.

To recap, on June 4, the Supreme Court had disposed of Sisodia's earlier bail plea after taking on record an assurance given by Solicitor General of India that the chargesheet/prosecution complaint in the liquor policy case would be filed on or before July 3, 2024. At the same time, the Court granted Sisodia liberty to revive his prayers for bail after the final complaint/chargesheet was filed.

On July 8, Senior Advocate Dr Abhishek Manu Singhvi mentioned Sisodia's application for urgent listing before the Chief Justice of India. He stressed that Sisodia has been in jail for 16 months and that the trial must conclude. Following this, the matter was listed on July 11 before a three-judge bench comprising Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar. However, the matter got adjourned as Justice Sanjay Kumar recused from the hearing of the case.

Details of the present case

Sisodia has moved the Supreme Court assailing the Delhi High Court order dated May 21 whereby his second bail plea was rejected. He is seeking bail in the cases filed by the Central Bureau of Investigation and the Directorate of Enforcement under the Prevention of Corruption Act and the Prevention of Money Laundering Act respectively, in relation to the alleged liquor policy scam. He was first arrested by CBI and ED on February 26 and March 9 last year, respectively.

Details of the impugned order

While denying bail, the Single Judge Bench of Delhi High Court noted that Sisodia's case depicted a grave misuse of power and breach of trust. It observed that the material collected in the matter showed that Sisodia subverted the process of making the excise policy by fabricating public feedback to suit his goal.

“In this Court's opinion, this deceptive act was a calculated move to create an illusion that the Excise policy was formed after careful consideration of feedback received from the public. But in reality, the feedback was manufactured to justify the applicant's predetermined decision to formulate the Excise policy, in defiance of the Expert Committee Report, to enrich a few individuals, in exchange for kickbacks,” the Court said.

Justice Swarana Kanta Sharma also observed that Sisodia did not pass the triple test for bail in the CBI case, as it was admitted that he had failed to produce two phones he used and claimed that they were damaged. The court added that the possibility of tampering with evidence by Sisodia could not be ruled out. Bolstering its view, the Court also said that Sisodia was a powerful person, had responsibility for 18 ministries, and was influential.

“These senior officers, some of whom have given statements against him, can be influenced in case he is released on bail. The applicant is also a senior leader of Aam Aadmi Party. Thus, he is an influential person within the power corridors of Delhi Government,” the Court recorded in this context.

In respect of the PMLA case, the court said that the prosecution was able to make out a prima facie case of money laundering against Sisodia. However, Sisodia would be permitted to meet his wife every week and the trial court order allowing him to do so will continue.

Case Details: MANISH SISODIA Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8781/2024, MANISH SISODIA Versus CBI, SLP(Crl) No. 8772/2024,