The Supreme Court announced on Monday that it would hear the bail pleas of AAP leader Manish Sisodia on August 5
These pleas are related to the corruption and money-laundering cases associated with the alleged Delhi excise policy scam.
The case was presented before a bench consisting of Justice BR Gavai and Justice KV Viswanathan.
Additional Solicitor General SV Raju informed the bench that although the Central Bureau of Investigation (CBI) had filed its response to Sisodia’s plea, it had not yet been recorded. Raju added that the Enforcement Directorate’s (ED) counter affidavit was ready and would be submitted soon. He also raised preliminary objections to Sisodia’s pleas, noting that this was the second special leave petition challenging the same Delhi High Court order. “The same order can’t be challenged twice,” he stated.
Sisodia had earlier approached the Supreme Court challenging the Delhi High Court’s May 21 decision, which dismissed his bail pleas. He had initially contested the trial court’s April 30 order rejecting his bail applications in the two cases.
The CBI arrested Sisodia on February 26, 2023, in connection with his alleged involvement in the liquor policy case. Subsequently, the ED arrested him on March 9, 2023, concerning the money-laundering case that originated from the CBI FIR. Sisodia resigned from the Delhi cabinet on February 28, 2023.
During the hearing, Raju referenced the Supreme Court’s June 4 order, which refused to entertain Sisodia’s bail pleas in the cases filed by the CBI and the ED. However, the Supreme Court had allowed Sisodia to revive his bail petitions once the ED and CBI filed their final prosecution complaint and charge sheet, respectively, in the cases involving alleged corruption and money laundering. A prosecution complaint is equivalent to a charge sheet for the ED.
The bench had stated, “In light of the said submissions made and having regard to the fact that the period of ‘six to eight’ 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 the solicitor general.”
On Monday, senior advocate Abhishek Singhvi, representing Sisodia, described Raju’s arguments as “absolutely shocking” and remarked that it was very unfortunate for a prosecutor to say such things.
The law officer referred to the Supreme Court’s October 30 order, which had denied Sisodia bail in the two cases. While dismissing his regular bail plea, the Supreme Court had allowed Sisodia to seek relief if there was a change in circumstances or if the trial was delayed.
During the Monday hearing, the bench noted that the period specified by the Supreme Court in its October 30 order had concluded and that the case could now be heard on its merits. The bench stated, “Let it be heard on merit. Why should we have hearing at two stages, one for interim and one for final,” and scheduled the matter for hearing on August 5. The court instructed that the ED’s counter affidavit be filed by August 1, with any rejoinders from Sisodia due by August 3.
The former Delhi deputy chief minister has requested bail, arguing that he has been in custody for 16 months and that the trial has not progressed since October. On July 16, the Supreme Court agreed to hear the pleas and requested responses from the CBI and the ED.
Sisodia has also submitted an application seeking the revival of his bail petitions in the corruption and money-laundering cases related to the excise policy.
(With inputs from agency)
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