Supreme Court Emphasizes Manish Sisodia’s Detention Can’t Be Forever

The Supreme Court, on Monday, delivered a significant message to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) regarding the incarceration of former Deputy Chief Minister and AAP leader, Manish Sisodia, in the Delhi excise policy cases. The bench, comprising Justices Sanjiv Khanna and SVN Bhatti, expressed concern about the “indefinite period” of detention and questioned when the trial court would begin arguments on the charges against Sisodia.

Additional Solicitor General SV Raju, representing the CBI and ED, explained that the cases against Sisodia were at the stage of section 207 of the Criminal Procedure Code (CrPC), involving the supply of documents to the accused. The bench emphasized the need for prompt commencement of charge arguments and requested a timeline for the same.

During the hearing, Raju argued that, given Sisodia’s high-ranking position as Deputy Chief Minister with control over 18 portfolios, including the excise department, setting an example against bribery was essential. He cited WhatsApp chats and other communications as evidence of conspiracy and money laundering, asserting that consumers suffered due to policy changes.

Raju further pointed out that Sisodia was accused of tampering with evidence by destroying his mobile phones and mentioned instances where wholesalers were coerced to surrender licenses while firms unqualified for licenses were granted them. He referred to the statement of Dinesh Arora, a businessman turned approver, who allegedly disclosed the bribes Sisodia received.

The bench inquired whether prior approval had been obtained to prosecute Sisodia under section 17A of the Prevention of Corruption Act, to which Raju confirmed the affirmative.

Section 17A of the Prevention of Corruption Act mandates prior approval from the competent authority before conducting any inquiry or investigation into offenses allegedly committed by a public servant.

Raju argued that the new excise policy encouraged cartelization and led to consumers paying more.

The hearing remained inconclusive and will resume on Tuesday. Previously, on October 5, the Supreme Court had questioned the CBI and ED about the Delhi excise policy ‘scam’ and challenged how a case was established against Sisodia. The court emphasized that lobbying for policy changes does not necessarily imply corruption unless bribery is involved.

Sisodia was initially arrested by the CBI on February 26 in connection with the ‘scam’ and has been in custody since then. The ED arrested him in a money laundering case linked to the CBI FIR on March 9. Sisodia had resigned from the Delhi cabinet on February 28.

The High Court had denied him bail in the CBI case on May 30, citing his high-profile status and potential to influence witnesses. On July 3, the High Court had also refused him bail in the money laundering case related to alleged irregularities in the city government’s excise policy, noting the seriousness of the charges against him.

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