Sanjay Singh first AAP leader to get bail in Delhi Excise Policy case; what is the status of other accused?

Rajya Sabha Member of Parliament Sanjay Singh on Tuesday became the first Aam Aadmi Party (AAP) leader to be granted bail by the Supreme Court in the Delhi Excise Policy case after the Enforcement Directorate (ED) did not object to his release..Even so, Delhi Chief Minister (CM) Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and AAP communications head Vijay Nair are still behind bars.With the Lok Sabha elections just weeks away, CM Arvind Kejriwal was sent to judicial custody on April 1 after the ED arrested him in connection with the same case..With Singh getting bail from the top court in an unexpected development today, we take a look at the different stages at which proceedings are currently pending against other AAP leaders..Background of case and status of accused.The ED case against the AAP leaders originated out of a First Information Report (FIR) registered by the Central Bureau of Investigation (CBI) in 2022 alleging that there were irregularities in framing and implementation of the Delhi Excise Policy of 2021-22. It was stated that AAP leaders received kickbacks from liquor manufacturers through this policy.The central agency alleged that some part of the money was used as expenses for the State Assembly elections in Goa, in 2022. One of the questions raised was whether AAP can also be added as an accused in the case. The AAP leaders have denied the allegations against them, terming it a politically motivated witch hunt by the Bharatiya Janata Party (BJP) government. .A total of six prosecution complaints - one main and five supplementary - have been filed by the ED since 2022. A total of 32 persons have been named as accused for offences under the Prevention of Money Laundering Act (PMLA).While cognizance of the complaints has been taken by the trial court, the matter has not yet reached the stage of arguments on charge.At least 16 persons have been arrested in the case so far. Apart from AAP leaders Kejriwal, Sisodia, Singh and Nair, Bharat Rashtra Samithi (BRS) leader K Kavitha has also been arrested.Kavitha has also been described as a kingpin by the ED and is alleged to have paid the bribes to AAP leaders in exchange of undue favours for herself and the "South Group" of liquor lobbyists..Out of the 16, 3 have turned approvers for the ED and have thus been granted pardon and bail by the courts. These include Aurobindo Pharma Director P Sarath Chandra Reddy, Telugu Desam Party (TDP) leader Magunta Srinivasulu Reddy’s son Raghava Magunta Reddy and businessman Dinesh Arora.Besides Singh, who is expected to be released soon, those who are on regular or interim bail include Regional Manager of Pernod Ricard India Benoy Babu, businessman Abhishek Boinpally, Rajesh Joshi, and Gautam Malhotra..Why AAP leaders are in the dock.After arresting the Delhi CM, the ED had told the trial court that Kejriwal was “intrinsically involved in the entire conspiracy” and also had a role in utilisation of “the proceeds of crime”.Out of three statements connecting Kejriwal to the alleged kickbacks from South Group, two are of accused who have turned approvers and the other is of Magunta Srinivasulu Reddy, the Lok Sabha candidate of BJP-ally Telugu Desam Party.The other allegation against Kejriwal is with regard to utilisation of funds for the Goa elections by AAP. The ED has claimed that a “part of the proceeds of crime to the tune of cash of Rs 45 Cr approx” was utilised in the election campaign and thus AAP has committed the offence of money laundering “through” Kejriwal.“Arvind Kejriwal was at the time of offences under PMLA, incharge of and responsible for the said "company" i.e. AAP for conduct of business of AAP. Therefore, not only the AAP but Sh Arvind Kejriwal shall be deemed to be guilty of offences punishable u/s 4 ofPMLA and shall be liable to be prosecuted and punished as provided u/s 70 of PMLA,” the ED told Delhi High Court today in response to the petition challenging Kejriwal’s arrest.Besides looking into Kejriwal’s digital devices, the ED is also going through his financial documents and details of movable and immovable properties.Kejriwal is to be produced before the Special Judge Kaveri Baweja on April 15..Delhi’s former Deputy CM Manish Sisodia was arrested first by the CBI and then ED in February and March last year. The ED in its case against Sisodia has alleged that since he was not only the head of the Group of Ministers related to the policy, but also the Excise Minister, he had “played a key role” in modifying the terms of the policy in a “manner which would benefit the cartel members.”He is particularly also accused of favouring a company Indo Spirits, which is claimed to have received major profits due to the implementation of the scheme.Sisodia's bail petitions have been dismissed right from the trial court to the Supreme Court.At present, his bail is being argued again before the trial court and was listed today for arguments. The ED is expected to respond to Sisodia’s argument on April 6..Vijay Nair was the first AAP leader to be arrested in the case by the CBI in September 2022. He was the party’s communication in-charge and as per the ED, the man at the centre of the whole conspiracy. The ED has even called him the “kingpin” of the whole “liquor scam”. Though he was granted bail in the CBI case, he was later arrested by the ED and continues to remain in prison. His bail petition in the ED case was dismissed by Delhi High Court in July last year.According to ED, Nair held meetings on behalf of the AAP with liquor industry players, particularly the "South Group". Dinesh Arora’s statement is one of main pieces of evidence against him.In particular, the central agency has accused Nair of receiving ₹100 crore from the South Group as an advance kickback on behalf of AAP..Singh, who was granted bail by the Supreme Court today, was arrested on October 4, 2023. His bail plea had been earlier turned down by the trial court and the Delhi High Court.Even though he is not a minister of the Delhi government, Singh was described as a key conspirator by the ED. It specifically alleged that he or “his persons” had received proceeds of crime to the extent of ₹2 crore and was closely associated with co-accused persons.On the contrary, Singh argued that he was arrested only on the basis of the statement of approver Dinesh Arora. .Interestingly, the approver’s statement also came under the top court's lens during the hearing today. After noting that Arora had not initially implicated Singh in the case, the Court asked the ED whether his further custody was required.The ED then conceded that it did not, but only after the Court said that it may have to make observations in Singh's favour while granting him bail, which may have larger implications for the trial.The comment was made in the context of Section 45 of the PMLA, which states that a court can release the accused only if satisfied that there are reasonable grounds for believing that he is not guilty of the offence and that he is not likely to commit any offence while on bail.“Please keep in mind we have to, as per Section 45, observe in favour of the petitioner. Please understand the implications of that during trial. So get instructions on whether you need further custody," the Court had told the agency.Counsel for the ED then said that there was no objection to Singh's bail..What next.With Singh’s release, the focus in the high-profile case will now shift to the bail pleas of Sisodia and Kavitha, which are set for hearing this week.The petition filed by Kejriwal before Delhi High Court against his arrest is also listed for final disposal on Wednesday, April 3..Whether or not these leaders will get relief from the courts as the elections loom large, remains to be seen.