In recent months, several individuals accused in the high-profile Delhi excise policy case have been granted bail, highlighting delays in investigation, legal arguments, and judicial interpretations. The case, which involves accusations of corruption and money laundering, has seen a series of bail orders, including for significant figures such as former Deputy Chief Minister Manish Sisodia and Telangana BRS MLC Kalvakuntla Kavitha.
Bail Granted Amid Investigative Delays
Since the Supreme Court granted bail to Manish Sisodia on August 9 in both the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) cases, several other accused have followed suit. As of Friday, only two of the 40 accused in the case remain in custody: Delhi Chief Minister Arvind Kejriwal and businessman Amandeep Singh Dhall. The prolonged investigation and judicial considerations have played a crucial role in these decisions.
Court Rulings on Key Accused
Sanjay Singh, AAP Rajya Sabha MP
Sanjay Singh was arrested by the ED on October 4, 2023, under allegations that businessman Dinesh Arora had delivered Rs 2 crore in cash to him as part of a larger scheme involving the ‘South Group’. The Supreme Court granted him bail on April 2, 2024, noting that the ED had no objection to his release. This decision reflects the principle that bail is typically granted unless there is strong opposition from the prosecution.
Manish Sisodia, Former Deputy CM and AAP MLA
Manish Sisodia, arrested by the CBI on February 26, 2023, and by the ED on March 9, 2023, faced allegations of formulating the excise policy contrary to expert opinions and being involved in kickbacks. After two unsuccessful bail pleas, the Supreme Court granted him bail on August 9, 2024. The court emphasized the lengthy and complex nature of the case, which involved extensive documentation, and highlighted that prolonged detention without trial violates fundamental rights under Article 21 of the Constitution.
Kalvakuntla Kavitha, Telangana BRS MLC
Kalvakuntla Kavitha was arrested by the ED on March 15, 2024, and later by the CBI on April 11, 2024, while already in Tihar Jail. Alleged to be a central figure in the scheme, the Supreme Court granted her bail on August 27, 2024. The court criticized the Delhi High Court’s refusal to grant bail, particularly its failure to consider Kavitha’s rights as a woman, and noted erroneous interpretations of legal precedents.
Vijay Nair, AAP Communications Head
Vijay Nair, arrested by the CBI in September 2022 and by the ED on November 30, 2023, faced claims of receiving substantial kickbacks from the South Group. The trial court had previously granted him bail in the CBI case, and the Supreme Court granted bail in the ED case on September 2, 2024. The court noted the prolonged period of Nair’s detention and reinforced that bail should be the norm rather than the exception, especially considering the maximum potential sentence.
Sameer Mahendru, MD of Indospirit
Sameer Mahendru, arrested on September 28, 2022, was labeled the “kingpin” of the excise policy. The trial court granted him bail in the predicate CBI offence on February 28, 2023, and the Delhi High Court granted him bail in the ED case on September 9, 2024. The High Court observed that the evidence against Mahendru was insufficient to justify continued detention.
Arun Pillai, Businessman
Arun Pillai, arrested by the ED on March 6, 2023, was involved in drafting the excise policy. The High Court granted him bail on September 11, 2024, based on the triple test criteria: he was not a flight risk, would not influence witnesses, and was unlikely to tamper with evidence.
The repeated granting of bail to key accused in the Delhi excise policy case underscores significant challenges in the ongoing investigation. The courts have consistently highlighted the principles of liberty and fairness, emphasizing that prolonged detention without trial contravenes constitutional rights.
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