Delhi excise policy case: Supreme Court rejects Manish Sisodia's bail plea, urges swift trial

The Supreme Court on Monday, October 30, dismissed the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in connection with cases linked to alleged irregularities in the Delhi excise policy.

A bench of Justices Sanjiv Khanna and SVN Bhatti also issued directives to ensure the trial concludes within a span of six to eight months. However, if the trial proceeds at a slow pace, the Supreme Court said Sisodia can apply for bail again within three months.

Justice Sanjiv Khanna, while pronouncing the verdict, noted that legal questions had been answered in a limited way and that in the analysis, there were still certain aspects that they said were doubtful.

He emphasised that one aspect regarding the transfer of a substantial money trail amounting to Rs 338 crores is "tentatively established," and hence the decision to dismiss the bail plea was taken.

On October 17, the Supreme Court reserved its verdict and issued a directive to the Enforcement Directorate (ED), conveying that if the alleged bribe, which is believed to have been paid in connection with the modification of the Delhi excise policy, is not an integral part of the predicate offence, establishing a money-laundering case against Sisodia would become challenging. It emphasised that the ED cannot rely on assumptions of bribes being exchanged and must adhere to the legal safeguards.

Manish Sisodia, a member of the Aam Aadmi Party (AAP), had been arrested by the Central Bureau of Investigation (CBI) on February 26, implicating him in the "scam." He has remained in custody since. The ED arrested Sisodia in a money-laundering case linked to the CBI's FIR on March 9, following an interrogation at Tihar jail.

Sisodia resigned from the Delhi cabinet on February 28. The high court denied him bail in the CBI case on May 30. The court held that given his former positions as the deputy chief minister and excise minister, he qualified as a "high-profile" individual with the potential to influence witnesses.

On July 3, the high court once again turned down Sisodia's bail request in the money-laundering case associated with alleged irregularities in the city government's excise policy. The court underscored the gravity of the charges against him as "very serious in nature."

The Delhi government initially implemented the new excise policy on November 17, 2021, but discontinued it at the end of September 2022 due to corruption allegations. Investigating agencies have contended that the policy's alterations led to cartelisation and favoured ineligible individuals for liquor licenses in exchange for financial benefits.

Nonetheless, both the Delhi government and Sisodia have consistently denied any wrongdoing, asserting that the new policy would have boosted the state's revenue share.