Delhi Excise Policy Case: 'Can't Keep Manish Sisodia In Jail Forever,' SC Tells Probe Agencies

The Supreme Court issued a directive to the CBI and the Enforcement Directorate on Monday (16 October), emphasising that former deputy chief minister and Aam Aadmi Party leader Manish Sisodia cannot be held in custody indefinitely in the Delhi excise policy cases.

As per reports by NDTV, during the hearing of Sisodia's bail pleas, a bench comprising Justices Sanjiv Khanna and S V N Bhatti questioned about when the arguments on charges against Sisodia would commence in the trial court.

The bench asserted that an individual cannot be detained indefinitely, particularly after a chargesheet has been filed.

Additional Solicitor General S V Raju, representing the two probe agencies, informed the bench that the cases against Sisodia were at the stage of supplying documents to the accused under section 207 of the Criminal Procedure Code, and arguments on charges would follow.

The court requested a timeline for when these charge arguments would start and asked for this information to be provided soon.

Manish Sisodia was arrested in connection with the excise policy cases, which are being investigated by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

During the hearing, Raju argued that as a high-ranking public official holding 18 portfolios, including the excise department, Sisodia's acceptance of bribes warranted setting a clear example.

Raju cited WhatsApp chats and other communications suggesting a conspiracy of money laundering and stressed that consumers had suffered due to policy changes.

He pointed to allegations of tampering with evidence by destroying mobile phones, as grounds for denying bail.

The court also inquired whether prior approval had been obtained to prosecute Sisodia under section 17A of the Prevention of Corruption Act, to which Raju responded affirmatively.

Section 17A requires police officers to seek prior approval for investigating offences by public servants under the Prevention of Corruption Act.

The Supreme Court had previously questioned the basis for the case against Sisodia, emphasising that a change in policy does not necessarily imply corruption, unless there was evidence of bribery.

Manish Sisodia was arrested by the CBI on 26 February and has been in custody since. He was also arrested by the ED in a money laundering case stemming from the CBI's first information report.

The high court had previously denied him bail, stating that he was a high-profile person who could potentially influence witnesses.

The charges against him were considered grave in nature, stemming from the implementation of the Delhi excise policy on 17 November 2021.

However, in response to allegations of corruption, the policy was subsequently withdrawn in September 2022.