The Supreme Court has granted bail to Sanjay Singh, a prominent leader of the Aam Aadmi Party (AAP), in connection with the Delhi liquor policy case. The decision came after the Enforcement Directorate (ED) stated that Singh’s continued custody was no longer necessary. The bench comprising Justices Sanjiv Khanna, Dipankar Datta, and Prasanna B Varale ordered Singh’s release on bail for the duration of the trial.
Earlier in the day, the court had requested Additional Solicitor General (ASG) SV Raju to ascertain whether Singh’s further detention was warranted. ASG Raju later informed the court that while the ED had a compelling case, they were prepared to concede, leading to Singh’s bail.
The ED’s decision to concede bail for Singh was influenced by an observation made by the Supreme Court during the proceedings. Justice Datta reminded ASG Raju that if the court were to grant bail to Singh based on merit, it would have to do so in accordance with Section 45 of the Prevention of Money Laundering Act (PMLA). This section stipulates that the accused may be released on bail if there are reasonable grounds to believe they are not guilty and are unlikely to commit further offences while on bail.
The court urged the ED to consider the potential impact of any observations favouring Singh on the overall case and the trial proceedings. Additionally, it noted that Dinesh Arora, the accused-turned-approver in the case, had not initially implicated Singh in his statements.
Following these deliberations, the Supreme Court granted bail to Sanjay Singh, ensuring his release during the trial period.
The bench presiding over the bail plea of Singh in the Delhi excise policy case also considered his earlier petition challenging his remand in the same matter.
Singh was apprehended by the Enforcement Directorate (ED) on October 4, 2023, under allegations of involvement in orchestrating and executing the now-defunct Delhi Excise Policy, purportedly aimed at favoring select liquor manufacturers, wholesalers, and retailers.
Following the rejection of his bail plea by a trial court on December 22, Singh’s subsequent application for bail was dismissed by the Delhi High Court on February 9, prompting him to approach the Supreme Court.
During today’s hearing, Senior Advocate Abhishek Manu Singhvi, representing Singh, contended that his client was not initially implicated in the case. Singhvi highlighted that Singh’s arrest was based on allegations that ₹1 Crore had been transferred by Arora to an individual linked to Singh.
Singhvi further argued that the statements of the approver had evolved over time. He emphasized that Singh’s outspokenness, particularly in a press conference, may have been imprudent but was well within his rights in a democratic society.
In the course of deliberations, the Court also delved into a legal question concerning the Prevention of Money Laundering Act (PMLA) and the Prevention of Corruption (PC) Act. The Court queried whether the bribe amount, constituting the offence under the PC Act, could also be subject to attachment by the ED in PMLA proceedings. While noting the potential relevance of the query, the Court acknowledged its hypothetical nature with respect to the current case.
The case against Singh and other AAP leaders stems from a 2022 complaint filed by Delhi’s Lieutenant General, VK Saxena, alleging irregularities in the formulation of the Delhi Excise Policy for 2021-22. The complaint alleged a criminal conspiracy involving leaders of the Aam Aadmi Party (AAP), including former Deputy Chief Minister Manish Sisodia, and unidentified private entities to manipulate the policy for the benefit of certain liquor stakeholders.
Recently, Delhi Chief Minister Arvind Kejriwal and Bharat Rashtra Samithi leader K Kavitha were arrested in connection with the case. Sisodia and AAP communications in-charge Vijay Nair are also in judicial custody at Tihar jail.
