Lagatar24 Desk
New Delhi: The Supreme Court on Monday upheld former Delhi Deputy Chief Minister Manish Sisodia’s entitlement to seek bail in separate cases filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) regarding alleged irregularities in the now-scrapped 2021-22 Delhi excise policy. The court directed the ED to submit its response before the matter is heard on August 5.
A bench of Justices BR Gavai and KV Viswanathan highlighted that Sisodia, who has been in custody for over 16 months, was allowed to file a fresh petition if the trial did not conclude within six to eight months, as per an order from October 30 last year. “…6-8 months as per our order of October 30 is over. Now his bail plea is to be considered on merits,” noted the bench while hearing Sisodia’s third bail plea.
The CBI had already filed its response earlier in the day. Additional Solicitor General SV Raju, representing the ED, mentioned that the agency had certain objections to entertaining the bail plea. Raju pointed out that the current proceedings were related to the May 21 Delhi High Court order denying Sisodia bail. He added that this order was challenged in Sisodia’s second bail plea last month, when the Supreme Court directed him to approach the trial court.
“The present appeal is also against the May 21 order while the June 4 order requires him to go before the trial court. Entertaining this petition will lead to two inconsistent orders by the top court,” Raju argued.
The bench, however, disagreed with Raju’s approach, stating, “Why should this case be heard at two stages – interim for maintenance and then on merits? You first file your counter and then we will see.”
Senior advocate Abhishek Manu Singhvi, appearing for Sisodia along with advocate Vivek Jain, criticized the prosecutor’s arguments as “absolutely shocking.” Singhvi highlighted the October 30 order, which recorded the prosecution’s assurance to complete the trial within six to eight months. He emphasized that the prolonged trial and Sisodia’s long incarceration of nearly 16 months justified his release.
Sisodia, arrested by the CBI in February 2023 and by the ED a month later, informed the Supreme Court that the investigation remained pending, with the ED filing three additional prosecution complaints in May and June. He also noted that the CBI’s probe had been prolonged, citing the arrest of Chief Minister Arvind Kejriwal on June 26.
The court permitted Singhvi to file a response to both the CBI and ED affidavits before the next hearing date.
