New Delhi, India

Leader of the Aam Aadmi Party (AAP), Manish Sisodia, was denied bail by the Delhi High Court on Tuesday in connection with proceedings filed by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) over the Delhi excise policy scam case.

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Referencing Section 3 of the Prevention of Money Laundering Act (PMLA), Justice Swarana Kanta Sharma denied the bail request, stating that the prosecution had established a prima facie case of money laundering.

The Court denied Sisodia's request for bail, stating that his actions amounted to a "great betrayal of democratic principles".

The Court also found that Sisodia destroyed significant evidence, including electronic evidence. The solitary judge in question in this case referred to two allegedly broken mobile phones.

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The Court also considered the fact that Sisodia was a top AAP leader, had a prominent position in the Delhi government, managed several ministries, and was an influential figure.

The court said that Sisodia was involved in the crucial destruction of electronic evidence and is an influential person as he is a powerful leader of the party. The court said that the possibility of Sisodia influencing material witnesses cannot be ruled out.

"This court is of the opinion that petitioner has not been able to make out a case for grant of bail in his favour," the judge stated.

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The Bench went on to say that Sisodia utilised fraudulent methods to indicate that the Delhi excise policy had public support when, in fact, the policy was designed to benefit only certain people. 

The court said that pre-drafted emails were sent “under the guise of public comment by various people under his direction. “Corruption in this case originated from the applicant’s desire to frame the policy. The dissemination of false information by portraying it as a form of feedback constitutes corruption,” the court added.

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According to Justice Sharma, Sisodia abused his position and violated the public trust in this instance. The Court stated that neither the CBI nor the ED were responsible for the case's delay. However, the Court disagreed with the trial court's findings that all of the defendants in the case conspired to postpone the trial.

Sisodia's bail request in the CBI and ED charges against him was recently denied by the trial court, which prompted his current petition before the High Court. This is the second round of bail applications filed by Sisodia.

On March 31, 2023, Sisodia's bail request in the CBI case was refused. On April 28, 2023, the trial judge denied his bail plea in the ED case.

The Delhi High Court maintained the trial court's orders, which were further upheld by the Supreme Court in October 2023. However, the Supreme Court stated at the time that Sisodia could apply for bail again if the trial moved too slowly. He then filed a second set of bail pleas.

Sisodia has been in jail since February 26, 2023. He is being investigated by the CBI and the ED in connection with the Delhi excise policy case.

(With inputs from agencies)