SC dismisses AAP leader Manish Sisodia\'s bail plea in liquor policy case

New Delhi: In a major setback to Delhi’s former deputy chief minister Manish Sisodia, the Supreme Court on Monday rejected his regular bail petitions in corruption and money-laundering cases related to the alleged Delhi excise policy scam, and said the transfer of Rs 338 crores was tentatively established in the matter.

A two-member bench of Justices Sanjiv Khanna and S.V.N. Bhatti said it has recorded the statements of the investigating agencies that the trial in these cases will conclude in six to eight months. The bench, however, said if the trial proceeds in a “sloppy manner”, Mr Sisodia will be at liberty to apply for bail in these cases in three months.

While pronouncing the order, Justice Khanna said: “In the analysis, there are certain aspects which we have said are doubtful. But one aspect with regard to the transfer of money -- Rs 338 crores -- tentatively is established. We have therefore dismissed the applications for bail… We have made one pointed observation that they have said that the trial will conclude in six to eight months. So within three months, if the trial proceeds in a sloppy manner or slowly, he will be entitled to file an application for bail.”

The bench said that in the verdict it has referred to the arguments and some of the legal questions which arose, but were not answered. Justice Khanna said: “Most of them are not answered and if they have been answered, they have been answered in a very limited way.”

The top court pronounced its verdict on Mr Sisodia’s two separate regular bail pleas filed in corruption and money-laundering cases related to the now-scrapped Delhi excise policy. It had on October 17 reserved its verdict on both the pleas.

It is learnt that the AAP is planning to file a review petition against the Supreme Court order rejecting Mr Sisodia’s bail plea. Delhi minister and AAP leader Atishi said the party and its leaders respect the apex court but do not agree with its order and will explore all further legal options. She said the court has given an “adverse order” despite making sharp observations against probe agencies.

Ms Atishi said: “While his bail plea was being heard, the Supreme Court constantly asked the ED tough questions like where is the money trail. The apex court also pointed out that the case is based on the statement of one approver Dinesh Arora… Despite these sharp observations, the SC gave an adverse verdict. We will study that order deeply and explore our legal options and decide our next step.”

Targeting the AAP on the court’s observation that money transfer was tentatively established, the BJP said that it was now incumbent on the part of Chief Minister Arvind Kejriwal to tell the Supreme Court and the people the whereabouts of Rs 338 crores in the excise case against Mr Sisodia. BJP spokesperson Sudhanshu Trivedi mocked Mr Kejriwal, saying he had claimed that Mr Sisodia should be given the Bharat Ratna for his work but his bail plea in the corruption case has been dismissed six times.

Mr Trivedi said it is constitutionally and legally incumbent upon Mr Kejriwal to inform the court where the money is and morally incumbent on him to tell the people as well. “It is said that people waste their money on liquor, the Delhi government has wasted the public exchequer on it,” he said.

The BJP leader accused Mr Kejriwal of engaging in brazenness and drama, noting that AAP leaders even went to Mahatma Gandhi's memorial to vouch for their party's honesty in the alleged scam. They dragged Gandhi into this even though he stood for prohibition and his birth anniversary is a designated dry day, he added.

Mr Sisodia was arrested by the CBI on February 26 for his alleged role in the “scam”. The AAP leader has been in custody since then. The ED arrested Mr Sisodia in a money-laundering case stemming from the CBI FIR on March 9 after questioning him in Tihar Jail. Mr Sisodia resigned from the Delhi Cabinet on February 28.

The high court denied him bail in the CBI case on May 30, saying having been the deputy chief minister and excise minister, he is a “high-profile” person who has the potential to influence witnesses.

The high court had on July 3 declined him bail in the money-laundering case linked to alleged irregularities in the city government's excise policy, holding that the charges against him are “very serious in nature.”

The Delhi government had implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.

According to the investigating agencies, the profit margins of wholesalers were increased from five per cent to 12 per cent under the new policy. The agencies have alleged that the new policy resulted in cartelisation and those ineligible for liquor licences were favoured for monetary benefits.  The Delhi government and Mr Sisodia have, however, denied any wrongdoing and said the new policy would have led to an increase in Delhi’s revenue share.