Excise Policy Case: Delhi HC to Pass Judgement on Manish Sisodia’s Bail Tomorrow

The Delhi High Court is set to deliver its verdict on Tuesday regarding the bail pleas filed by Manish Sisodia, a leader of the Aam Aadmi Party and former Deputy Chief Minister of Delhi, in relation to cases filed by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) concerning the Delhi Excise Policy case.

Recently, Justice Swarna Kanta Sharma’s bench reserved its decision on Sisodia’s bail pleas in both cases being probed by the ED and the CBI. During Manish Sisodia’s appearance, Senior Advocates Mohit Mathur and Dayan Krishnan referred to a Supreme Court ruling asserting that prolonged incarceration of the accused is impermissible, emphasizing the right to a speedy trial as a fundamental right. The lawyers also raised concerns about the ED’s conduct, alleging deliberate delays in the trial process.

On April 30, the Rouse Avenue Court rejected Sisodia’s bail petitions for the second time, stating, “…This court is not inclined to admit the Applicant to Bail, either regular or interim, at this stage. The application under consideration is accordingly dismissed.” Special Judge Kaveri Baweja remarked, “It is apparent that the Applicant individually, and along with different accused have been filing one or the other application/making oral submissions frequently, some of them frivolous, that too on a piecemeal basis, apparently as a concerted effort for accomplishing the shared purpose of causing delay in the matter.” The court differentiated between the period of incarceration of Benoy Babu and that of the applicant, noting the applicant’s acknowledgment of contributing to the slow pace of proceedings.

Sisodia has been in custody since February 26, 2023, initially arrested by the CBI and subsequently by the ED. Delhi Chief Minister Arvind Kejriwal and BRS Leader K Kavitha were also arrested in connection with the excise policy case.

The ED and the CBI alleged irregularities in modifying the excise policy, including extending undue favors to license holders, waiving or reducing license fees, and extending the L-1 license without proper approval. The probe agencies claimed that beneficiaries diverted “illegal” gains to accused officials and falsified entries in their account books to avoid detection. Allegedly, the excise department decided to refund earnest money deposits of approximately Rs 30 crore to a successful tenderer against regulations. Additionally, despite no enabling provision, a waiver on tendered license fees was granted from December 28, 2021, to January 27, 2022, citing COVID-19, resulting in an alleged loss of Rs 144.36 crore to the exchequer.