Supreme Court grants bail to AAP's Sanjay Singh in Delhi Excise Policy case

The Supreme Court on Tuesday granted bail to Aam Aadmi Party (AAP) leader Sanjay Singh in the Delhi liquor policy case after the Enforcement Directorate (ED) said his custody was no longer required. [Sanjay Singh vs Union of India and Anr].A bench of Justices Sanjiv Khanna, Dipankar Datta and Prasanna B Varale ordered that Singh be released on bail during the pendency of the trial.The Court before the lunch break had earlier asked Additional Solicitor General (ASG) SV Raju to seek instructions on whether Singh's further custody was required. ASG Raju in the afternoon said though the ED had an arguable case, it was ready to concede and thus Singh may be released on bail..The ED's concession favouring Singh's release was prompted by a remark made earlier by the top court.During the hearing, Justice Datta told ASG Raju that in case the top court decides to grant bail to Singh on merits, it may have to observe in his favour considering the mandate of Section 45 of Prevention of Money Laundering Act (PMLA).Section 45 of the PMLA 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.The Court asked the ED to consider the repercussions any observations favouring Singh may have on the overall case, especially the trial."Mr Raju, 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," it remarked.The Court had also commented that businessman Dinesh Arora, the accused-turned-approver in the case, in his initial statements had not implicated Singh..The bench was hearing the bail plea filed by Singh in the Delhi excise policy case. Singh's earlier petition challenging his remand in the case is also tagged with the case.Singh was arrested by the Enforcement Directorate (ED) on October 4, 2023, in the money laundering case citing his alleged role in framing and implementing the now-scrapped Delhi Excise Policy.As per ED, the policy was aimed at benefiting certain liquor manufacturers, wholesalers and retailers.A trial court had rejected Singh's bail plea on December 22. The Delhi High Court rejected his bail application on February 9 and he then moved the moved the top court..During the hearing today, Senior Advocate Abhishek Manu Singhvi, representing Singh, submitted that he was not named initially named in the case. He was arrested on the allegation that ₹1 Crore had been handed over by Arora to a person linked to Singh, the Court was told.Singhvi further argued that statements of the approver had improved over time. "They (ED) pounced on me [Singh] after my press conference. Perhaps my press conference was foolish, but you can be foolish and outspoken in a free country," the senior counsel submitted..During the course of arguments, the Court also pondered over a legal question relating to PMLA and Prevention of Corruption (PC) Act. It asked whether the bribery amount, the subject matter of the offence under PC Act, can also be attached by the ED in PMLA proceedings. The Court clarified the query may not be relevant to the present case."If it is a separate and distinct offence, then PMLA is really forfeiture proceedings," the Court said.Justice Khanna then added,"Hypothetical question, if bribe amount is returned, will PMLA (case) survive".The Court also asked whether there is a need for a previous attachment before complaint is filed by the ED. "I could not find an answer in PMLA.".The case against Singh and other AAP leaders is rooted in a 2022 complaint filed by Delhi's Lieutenant General, VK Saxena alleging irregularities in the framing of the Delhi Excise Policy for 2021-22.The complaint alleged that a criminal conspiracy had been hatched by leaders of the Aam Aadmi Party (AAM), including former Deputy Chief Minister Manish Sisodia and other unidentified and unnamed private persons/ entities at the stage of the excise policy’s formulation.The conspiracy, it was alleged, involved loopholes “intentionally” left or created in the policy. These loopholes were allegedly meant to benefit certain liquor manufacturers, wholesalers and retailers after the tender process.Delhi Chief Minister Arvind Kejriwal and Bharat Rashtra Samithi leader K Kavitha were recently arrested in the case.Sisodia and AAP communications in-charge Vijay Nair are the other leaders who have been arrested by ED. All of them are currently in judicial custody in Tihar jail..Delhi court sends Arvind Kejriwal to judicial custody till April 15.[Read order]