[Excise Policy Case] Delhi HC Grants Time To ED For Supplementary Complaints In Manish Sisodia’s Bail Plea

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Synopsis

Manish Sisodia is accused of granting over 300 crore rupees in undue benefits to liquor wholesalers, who allegedly returned the favor with kickbacks and bribes

The Delhi High Court, on Wednesday, granted an extension to the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to submit supplementary complaints in Manish Sisodia’s bail plea concerning the liquor excise policy scam case. 

The extension was granted during a session presided over by Justice Swarana Kanta Sharma, who scheduled the next hearing for Monday, May 13. Special Counsel Zoheb Hossain, representing ED, requested the adjournment, citing ongoing investigative tasks as the rationale behind the need for an extra week to prepare their responses. 

Special Counsel Hossain clarified that the Investigating Officer was actively engaged in drafting another supplementary prosecution complaint related to the case. Additionally, he highlighted the complexities arising from ongoing proceedings in the Supreme Court involving a co-accused individual.

Advocate Vivek Jain, representing Sisodia, strongly opposed the extension request, emphasizing the ED's prior commitment before the Supreme Court to conclude the trial promptly within six months. He argued that Sisodia's fresh bail plea, submitted after its dismissal by the Supreme Court, had already been pending for three months, with the ED's response from the trial court already included in the plea.

The court decided to restrict the extension for ED and CBI to submit their responses until the end of the week, with the next hearing scheduled for Monday. Sisodia had challenged the trial court's decision to reject his second bail pleas in both CBI and ED cases on April 30.

The Supreme Court had previously dismissed his review petitions and curative petitions, maintaining that he could file a fresh bail plea before the trial court if the proceedings were unduly delayed.

Background

Sisodia was initially arrested by CBI and ED on February 26 and March 9 respectively last year. The allegations against him include his purported involvement in decisions concerning the 2021-22 excise policy without proper authorization, allegedly to favor certain private entities post-tender. Both agencies accused him of evasive behavior and non-cooperation during the investigations.

The Enforcement Directorate further alleged a conspiracy to provide unwarranted profit margins to select wholesalers, purportedly coordinated by individuals including Vijay Nair, acting on behalf of Delhi's Chief Minister Arvind Kejriwal.

Case Title: Manish Sisodia v ED