ED chooses not to oppose bail application after Apex court bench expresses inclination to accept bail application under Section 45 of PMLA
The embattled Aam Aadmi Party (AAP) received a first respite in the infamous Delhi liquor policy (now scrapped) case when the Supreme Court on 02.04.2024 granted bail to senior party leader and Rajya Sabha member Sanjay Singh.
The bail was granted after the Enforcement Directorate (ED) chose not to oppose the bail application following the bench of Justices Sanjiv Khanna, Dipankar Datta, and Prasanna B Varale indicating that it was inclined to accept the bail application under Section 45 of Prevention of Money Laundering Act (PMLA) and that the agency should consider the repercussions of the court’s observations on the trail in such eventuality.
Sanjay Singh’s bail comes days after the ED arrested Delhi chief minister Arvind Kejriwal in the case. Before him, Bharat Rashtra Samithi (BRS) leader K Kavitha was arrested in the case. Former Delhi Deputy Chief Minister Manish 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.
The news website barandbench.com, quoted Justice Dipankar Datta in the forenoon session as telling Additional Solicitor General of India SV Raju: “Mr. Raju, please keep in mind we have to, as per Section 45, observe in favor of the petitioner, please understand the implications of that during the trial. So get instructions on whether you need further custody.”
When the bench reassembled in the afternoon, Raju placed on record that through the ED has an “arguable case”, without going into merits, it has no objection in case the appellant Sanjay Singh is released on bail during pendency of the proceedings in the case. Following this the bench passed the order that Sanjay Singh be released on bail on terms and conditions to be fixed by the trial court, clarifying that nothing was being expressed on merits of the case.
According to another news website livelaw.com, the order was passed by the bench, while orally commenting that Sanjay Singh would be entitled to indulge in political activities during the period of bail, but he is not supposed to make any public statement regarding the case.
The court dismissed a second petition filed by Sanjay Singh, challenging his arrest and remand, as infructuous, the website added.
Sanjay Singh, arrested by ED in October 2023, had been in judicial custody for the last six months.
Section 45 of PMLA
Section 45 of the PMLA lays down the conditions for granting bail and states that no accused person shall be granted bail unless “the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offense and that he is not likely to commit any offense while on bail.”
The case
The case against Sanjay Singh and other AAP leaders is rooted in a 2022 complaint filed by Delhi’s Lieutenant Govrenor 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.
Here are a few more links to browse through more details of the case:
https://www.barandbench.com/news/supreme-court-grants-bail-aaps-sanjay-singh-ed-no-objection



A former Deputy Speaker of the Punjab Legislative Assembly, ex-Chief Parliamentary Secretary and three-time MLA from Sujanpur constituency (2007-2022), Dinesh Singh ‘Babbu’ belongs to Manwal village, Pathankot and comes from a Suriyavanshi Rajput Barswal/Barsal family. In the last assembly elections in 2022, he lost to Naresh Puri of the Indian National Congress (INC).
Born in Shafipur village, near Jalandhar, renowned Punjabi folk and Sufi singer, Hans Raj Hans (Padma Shri), has been moved from North West Delhi seat, which he won as a BJP candidate in 2019, to Faridkot (SC).
Preneet Kaur, wife of two-time chief minister of Punjab as also state Congress president Capt Amarinder Singh, remained Union minister of state in the Manmohan Singh council of ministers during his second term as Prime Minister. Besides being the sitting MP from Patiala, she has represented the constituency thrice before in 1999, 2004 and 2009 as a Congress candidate. After losing the elections in 2014, she made a comeback in 2019.
Grandson of assassinated Punjab Chief Minister Beant Singh during terrorism in Punjab, Ravneet Singh ‘Bittu’, besides being the sitting MP from Ludhiana, has been MP twice earlier – first from Anandpur Sahib and then Ludhiana. He too recently quit the Congress and joined the BJP.
A former Congress MLA from Jalandhar West, Sushil Kumar ‘Rinku’ was lured into the AAP fold and fielded as the party candidate in the by polls to the Jalandhar (SC) Lok Sabha seat, necessitated by the death of Congress MP Santosh Singh Chaudhary, which he won by a margin of 58,000+ votes in 2023. Despite getting a repeat party ticket from the same constituency, ‘Rinku’ preferred to shift his allegiance to the BJP within a year of joining AAP, and was promptly adopted as the party candidate from Jalandhar (SC).







Lowering of import duty has been a major demand of Elon Musk’s Tesla and other EV makers like Mercedes Benz, BMW, Aston Martin, etc, which have been keen on participating in the Indian dream of making the country a major global EV manufacturing hub.



Manohar Lal
Trivendra Singh Rawat
Anil Baluni
Anurag Thakur
The resignation heralded a change in the leadership in the BJP-led government in the state, on the stroke of the announcement of the Lok Sabha elections, and months before the state assembly elections become due. BJP had won all 10 Lok Sabha seats in the 2019 general elections, though its sitting MP from Hisar Bijendra Singh recently resigned from the party to join the Congress. He simultaneously resigned from his Lok Sabha seat.
The signs of the imminent break from JJP were quite evident when Nayab Singh Saini from the other backward classes (OBC) community, who took oath as chief minister after being promptly chosen as its leader by the state BJP legislative party, earlier replaced a Jat leader Om Prakash Dhankar as the state BJP chief in October 2023, as part of the social engineering strategy of the party.
The party has never had any worthwhile connect with the Jats, and the prolonged and unsavoury confrontation between the BJP-led central government and the farmers, including from Haryana (predominantly Jats), leading up to the government’s humiliating withdrawal of the new farm laws, made the party’s relationship with the Jats even worse.
Even in being chosen as its leader by the BJP legislative party, Nayab Singh Saini had the blessings of Manohar Lal and the former acknowledged this by touching the latter’s feet before taking oath as chief minister of Haryana.