The Supreme Court on Monday will resume hearing former Delhi Deputy CM Manish Sisodia's bail petition in the alleged Delhi Liquor Policy Scam. Last week the court had adjourned the hearing after the Enforcement Directorate (ED) sought more time to file reply.
The bench headed by Jusitice Gavai had given the ED time till Thursday to file counter reply and posted the matter on next Monday.
The Supreme Court on July 17 had issued notice in Manish Sisodia's bail petition in Delhi Liquor policy case and listed the matter for July 29. On July 29, ASG SV Raju appearing for ED told the apex court that ED's the counter reply is ready but they have prelimenary objections as this is the second Special Leave Petition challenging the same order and same order cannot be challenged twice. He insited that the bail must be heard by trial court.
Senior Advocate Abhishek M Singhvi appearing for Sisodia said that it is shocking and unfortunate that a prosecutor is making such an argument and he will show the court why they are raising such objections.
Earlier, the hearing was delayed after recusal of Supreme Court judge Justice Sanjiv Kumar from this case.
Manish Sisodia's bail plea in liquor policy case was re-listed before a new bench of the Supreme Court, following recusal of Justice Sanjiv Kumar.
A bench of Justices BR Gavai, Sanjay Karol and KV Viswanathan are hearing the matter.
Advocate Vivek Jain appearing for Sisodia, told the top court that Sisodia he has been inside jail for 16 months.
"There was no fault found with me. Trial is at same stage it was in October 2023 when I was given liberty," Jain told the bench. The Suprme Court in October 2023, while rejecting bail petition moved by Sisodia, said that he can move the top court again if the trial proceeds at snails pace.
The Delhi High Court on May 22 rejected the bail plea moved by Manish Sisodia in the ED and CBI cases in the alleged Delhi Liquor Policy scam. The high court while rejecting his bail plea observed that Sisodia fabricated and manufactured public opinion to suit his goal and subverted the process of making the excise policy by deviating from the expert committee report constituted by him. The court made scathing observations and said that Sisodia betrayed betrayed democratic principles by breaking public's trust.
The court took a view that Sisodia breached the public's trust and misused his powers as the Minister in the Delhi government in drafting of the now scrapped Delhi Excise policy.
A bench of Justice Swarana Kanta Sharma of high court while pronouncing the verdict said that the high court can apply its own mind to decide the bail on merits in addition to the condition of "delay in trial" imposed by the Supreme Court's order in October 2023.
While pronouncing the verdict the high court also took a prima facie view and said that Sisodia manufactured and fabricated feedback from the public to draft the now scrapped Delhi Excise Policy which was actually intended to benefit members of the south group. The bench also observed that he misused his powers as the Delhi Minister to manipulate the policy as he wished.
The high court termed Sisodia's actions in framing Delhi Liquor Policy a great betrayal of democratic principles.