The Supreme Court is set to hear on Monday pleas filed by AAP leader Manish Sisodia, seeking bail in corruption and money-laundering cases linked to the alleged Delhi excise policy scam.
A bench of Justices BR Gavai and KV Viswanathan will consider both pleas.
On July 29 (Monday), Additional Solicitor General SV Raju, representing the CBI and ED, informed the bench that while the Central Bureau of Investigation had filed its response to Sisodia’s plea, it had not been officially recorded.
ASG Raju raised preliminary objections to Sisodia’s pleas, arguing that it was the second special leave petition challenging the same Delhi High Court order.
“The same order can’t be challenged twice,” the law officer asserted.
The former deputy chief minister had previously approached the apex court challenging the Delhi High Court’s May 21 order, which dismissed his bail pleas. He had contested in the high court a trial court’s April 30 order rejecting his bail applications in the two cases. He was arrested by the CBI on February 26, 2023, over his alleged involvement in the liquor policy case. The ED arrested him in the money-laundering case stemming from the CBI FIR on March 9, 2023. Sisodia resigned from the Delhi cabinet on February 28, 2023.
During the hearing, Raju referred to the June 4 order of the top court, which had refused to entertain Sisodia’s bail pleas in the cases lodged by the CBI and the ED. However, the top court had stated that Sisodia could revive his bail petitions after the ED and the CBI filed 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.
“In light of the said submissions and considering that the ‘six to eight’ months’ period fixed by this court by order dated October 30, 2023, has not yet elapsed, it would suffice to dispose of these petitions with liberty to the petitioner to revive his prayer afresh after the filing of the final complaint/charge sheet, as assured by the solicitor general,” the bench had said.
During the last hearing, senior advocate Abhishek Singhvi, appearing for Sisodia, termed Raju’s arguments as “absolutely shocking” and expressed regret that a prosecutor would present such arguments. The law officer had then referred to the October 30, last year order of the apex court, which had denied him bail in the two cases.
While dismissing his regular bail plea, the top court had granted Sisodia the liberty to approach the courts for relief if there was a change in circumstances or if the trial became protracted.
The top court, after hearing brief arguments from both sides, observed that the period specified in its October 30 order had elapsed, and the matter could be heard on merit. “Let it be heard on merit. Why should we have a hearing at two stages, one for interim and one for final?” the bench said and scheduled the matter for hearing on August 5.
The AAP leader has sought bail, arguing that he has been in custody for 16 months and that the trial against him has not progressed since October.
The apex court agreed on July 16 to hear the pleas and sought responses from the CBI and the ED.
Manish Sisodia has also filed an application seeking the revival of his bail petitions in the excise policy-linked corruption and money-laundering cases.
