High Court Denies Bail to Manish Sisodia in Excise Scam Case, Citing Serious Abuse of Authority

In a major setback to former deputy chief minister Manish Sisodia, the Delhi High Court dismissed his bail pleas on Tuesday in cases filed by the ED and CBI in the alleged liquor scam. The court noted that serious misuse of power and breach of public trust was involved in Sisodia's case. It added that Sisodia's actions amounted to the dastardly betrayal of democratic principles and also included the destruction of crucial evidence, including electronic data.

Justice Swarana Kanta Sharma highlighted the clout of Sisodia, who was entrusted with 18 portfolios, within the Delhi government's power corridor. She pointed out that many witnesses, who are public servants, have deposed against Sisodia and there is a likelihood of his trying to influence them.

AAP disagreed with the decision and said it will go to the Supreme Court for justice for Sisodia. The high court had reserved its order on the bail pleas on May 14 after arguments from Sisodia, the CBI, and the ED.

The court underlined that Sisodia, as a minister with 18 portfolios including the Department of Excise, was bestowed with the responsibility to formulate a new policy for liquor sales in Delhi. But evidence gathered during investigation prima facie established that Sisodia manipulated the policy formulation process by fabricating public feedback to justify his pre-decided agenda that compromised the integrity of the decision-making process.

As regards the application by Sisodia for interim relief, the court permitted him to continue meeting his ailing wife every week in custody on the same terms and conditions as provided by the trial court.

Sisodia's bail pleas were dismissed by a trial court on April 30 in corruption and money laundering cases related to alleged irregularities in the formulation and implementation of the Delhi excise policy for 2021-22. Special Judge Kaveri Baweja extended Sisodia's judicial custody till May 31 in the money laundering case.

Sisodia, arrested by the CBI on February 26, 2023 for alleged involvement in the liquor scam, had resigned from the Delhi Cabinet on February 28, 2023. The high court ruled that Sisodia had failed to show a good case for bail and that ED had prima facie made out a case of money laundering against him.

The court ruled that Sisodia had orchestrated the fabrication of public feedback to support his decision to formulate the excise policy against expert recommendations. It attributed the alleged corruption to Sisodia's desire to create a policy that favored certain persons in consideration of large benefits for themselves.

On the issue of delay in the proceedings, the court said that each accused was entitled to pursue his defense on his own. It did not find any fault with the prosecution or the trial court in supplying documents promptly or in managing the case's timeline.

The court also dismissed the contention that its jurisdiction was limited by observations made by the Supreme Court earlier. Sisodia's lawyers had pleaded for bail, citing the continuing arrests by ED and CBI and the possibility of a prolonged trial. However, both agencies had opposed bail, alleging deliberate delays by the accused.

The probe agencies accused beneficiaries of diverting ill-gotten gains to officials and making false entries to escape detection. They had pointed out the irregularities in modifying the excise policy and extending undue favours to license holders. The Delhi government had rolled out the policy in November 2021, but shelved it in September 2022 in the wake of corruption allegations.

Delhi Minister Atishi termed the excise policy case a political conspiracy against AAP by the BJP but said they respected the court decision. She said that the so-called liquor scam was done to defame and discredit the party.