While seeking response from the Enforcement Directorate and the Central Bureau of Investigation on separate bail pleas filed by Manish Sisodia, the Supreme Court lists further date for hearing on interim bail on July 28.
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TODAY, the Supreme Court briefly heard a special leave petition for interim bail of former deputy chief minister of the Government of National Capital Territory of Delhi (GNCTD), Manish Sisodia.
Sisodia is in judicial custody as an accused in the bribery case registered by the Central Bureau of Investigation (CBI) and the money laundering case registered by the Enforcement Directorate (ED) in the alleged Delhi excise policy scam.
A Bench led by Justice Sanjiv Khanna and comprising Justices Bela M. Trivedi and Ujjal Bhuyan also issued notices to the CBI and the ED in response to separate bail pleas filed by Sisodia.
“There are genuine concerns about (the health of) his wife,” senior advocate Dr Abhishek Manu Singhvi, appearing for Sisodia, told the Bench.
Justice Khanna and Dr Singhvi discussed in brief the medical condition Sisodia’s wife is suffering from, without naming the condition specifically.
Additional Solicitor General of India S.V. Raju opposed the bail petition on the grounds that a special court as well as the Delhi High Court have previously rejected it.
Initially the Bench wanted to post the matter for hearing and directions in the mid-week of August.
“Please give me the shortest possible date,” Dr Singhvi said, asking for a date later this month.
To this, Justice Khanna said there are considerations before him that he is not expressly stating.
On August 2, a Constitution Bench, of which Justice Khanna will be a part, is scheduled to start hearing a batch of petitions challenging the Union government’s August 2019 decision to revoke the special status of Jammu and Kashmir (J&K) and divide it into two Union territories.
The Bench ultimately agreed to Dr Singhvi’s request for an early listing. “List the plea on July 28 for interim directions,” Justice Khanna said while dictating the Order.
On June 2, the Delhi High Court had granted Sisodia interim bail for one day to meet his wife at their residence in Delhi.
The court had allowed him to meet her between 10 a.m. and 5 p.m. under certain conditions— refraining from interacting with the media and no access to any mobile phone or internet-enabled device.
Sisodia could not meet his wife on June 3 as she was hospitalised right before his arrival at their residence. They were finally able to meet on June 8, amidst heavy police presence.
Regular bail rejected
On July 4, Sisodia’s bail in the ED case was rejected by the Delhi High Court, upholding the Order of a Prevention of Corruption Act, 1988 special court.
“[T]he prosecution has … been able to show a genuine and prima facie case for involvement of the applicant in commission of the alleged offence of money laundering,” the special court averred on June 29.
The high court stated that it found “no infirmity or illegality” in the special court’s Order.
The high court further stated that the allegations against Sisodia are “very serious in nature” and in view of the peculiar facts of the case, the present matter should be looked at from the perspective of “a deep rooted conspiracy involving huge loss of public funds”.
On May 30 this year, the Delhi High Court had rejected Sisodia’s bail in the CBI case. “The petitioner being an influential person … there is a possibility of witnesses being influenced,” the Order reads.
The case against Sisodia is based on alleged irregularities in the framing and implementation of the now retracted 2021–22 Delhi excise policy.
It is claimed that the policy gave certain vendors applying for liquor licences improper financial favours, resulting in losses to the exchequer, and kickbacks were allegedly received in exchange for those favours.
The information report of the ED was based on a previous case registered by the CBI in August 2022 under certain provisions of the Prevention of Corruption Act and the Indian Penal Code, 1860.
Sisodia was arrested by the CBI on February 26 after an eight-hour-long interrogation at its headquarters in Delhi.
In total, he has been in custody for 138 days.
