In a striking verdict Justices BR Gavai and KV Viswanathan said the AAP leader was entitled to a “speedy trial” and that it would it be a “travesty of justice to send him back to a trial court. While allowing his bail plea in relation to the liquor policy case, the SC refused to restrain former Delhi Deputy Chief Minister Manish Sisodia from visiting Delhi Chief Minister’s office and/or the Delhi Secretariat.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court Today granted bail to AAP leader Manish Sisodia, who had been incarcerated for 17 months, criticizing the lower courts for the prolonged detention without trial. The court emphasized that this extended imprisonment had deprived Sisodia of his fundamental right to a speedy trial.
A bench comprising Justices B R Gavai and K V Viswanathan delivered a sharp verdict, highlighting that it is imperative for trial courts and high courts to adhere to the principle that-
“bail is the rule and jail is the exception.”
The bench remarked,
“As observed time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial, while acknowledging Sisodia as a man with deep roots in society.”
Sisodia, the former Deputy Chief Minister of Delhi, had been arrested by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in connection with corruption and money laundering cases related to the alleged Delhi excise policy scam.
With the Supreme Court now granting him bail in both cases, Sisodia is expected to be released from jail today after submitting a bail bond of Rs 10 lakh, accompanied by two sureties of the same amount.
The judges outlined specific conditions for his bail, including the surrender of his passport to the special trial court and a prohibition against attempting to influence witnesses or tamper with evidence. Additionally, Sisodia is required to report to the investigating officer every Monday and Thursday between 10-11 AM.
The bench expressed concern over the delay in Sisodia’s trial, stating,
“We find that, on account of a long period of incarceration running for around 17 months and the trial even not having been commenced, the appellant (Sisodia) has been deprived of his right to speedy trial.”
The court further underscored the importance of the right to a speedy trial and the right to liberty, noting,
“As observed by this court, the right to speedy trial and the right to liberty are sacrosanct rights. On denial of these rights, the trial court as well as the high court ought to have given due weightage to this factor.”
The bench lamented that over time, trial courts and high courts seem to have
“forgotten a very well-settled principle of law that bail is not to be withheld as a punishment,”
-referencing earlier judgments. The court pointed out that,
“From our experience, we can say that it appears that the trial courts and the high courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach.”
The judges also observed that the failure to grant bail in clear-cut cases has contributed to the overwhelming number of bail petitions flooding the Supreme Court, adding to the existing backlog of cases.
They noted that keeping Sisodia in custody indefinitely in the hope of a swift trial would infringe upon his fundamental right to liberty under Article 21 of the Constitution.
The bench stated,
“In the present case, the appellant (Sisodia) is having deep roots in society. There is no possibility of him fleeing from the country and not being available for facing the trial. In any case, conditions can be imposed to address the concern of the state.”
The Supreme Court’s decision overturned the Delhi High Court’s May 21 verdict, which had rejected Sisodia’s bail applications in both cases.
Sisodia had argued for bail on the grounds that he had already been in custody for 17 months and that his trial had yet to begin. Despite opposition from the ED and the CBI, who argued against his release, the Supreme Court ruled in his favor.
The Supreme Court delivered a sharp rebuke to the lower courts in the case of former Delhi Deputy Chief Minister Manish Sisodia, criticizing both the extended pre-trial detention and the approach of federal agencies.
In its ruling, the court underscored the improbability of a timely trial, with Justice BR Gavai pointedly remarking,
“In this case 493 witnesses (were) named (and) there is not remotest possibility that Manish Sisodia’s trial will conclude in (the near) future.”
During the hearing, the court posed a critical question to Additional Solicitor General (ASG) SV Raju, who represented the federal agencies, asking,
“Realistically tell us… where do you see the end of the tunnel?”
This question underscored the court’s concern about the indefinite nature of the trial process.
When asked about the potential start of the trial, Mr. Raju responded,
“Within a month of the framing of charges.”
He argued that delays were caused by multiple applications filed by Mr. Sisodia and others, which sought inspection of documents unrelated to the charges that had been filed in May of the previous year. According to Mr. Raju, these applications were tactics intended to delay the proceedings.
However, the court was skeptical of these claims, particularly regarding the possibility of evidence tampering. The justices noted that “most evidence is documentary” and that these documents were already in the possession of the investigating agencies, thereby minimizing the risk of tampering.
The court’s observations highlighted concerns about the efficiency and fairness of the judicial process in this high-profile case, particularly with regards to the extended detention of an individual without a foreseeable conclusion to the trial.
While allowing his bail plea in relation to the liquor policy case, the Supreme Court today refused to restrain former Delhi Deputy Chief Minister Manish Sisodia from visiting Delhi Chief Minister’s office and/or the Delhi Secretariat.
The bench, consisting of Justices BR Gavai and KV Viswanathan, imposed several conditions on Sisodia’s bail:
- He must furnish bail bonds amounting to Rs. 10,00,000, with two sureties of an equivalent amount.
- He must surrender his passport to the Special Court.
- He is required to report to the Investigating Officer every Monday and Thursday between 10-11 AM.
- He must not attempt to influence witnesses or tamper with evidence.
After the judgment was delivered by Justice Gavai, Additional Solicitor General (ASG) SV Raju requested the court to impose conditions similar to those applied to Delhi Chief Minister Arvind Kejriwal during his interim bail.
These conditions had prohibited Kejriwal from attending the CM’s office and the Delhi Secretariat. However, the bench disagreed with this request, stating that it was not inclined to impose such restrictions and had already implemented sufficient conditions to address the concerns of the investigating agencies.
When the ASG raised the issue of potential violations of the bail conditions, asking if the agencies would have the liberty to request a cancellation of bail in such an event, the bench responded by affirming that such liberty “is always there.”
During the hearing, the ASG expressed apprehensions about the possibility of Sisodia tampering with evidence upon his release. Addressing this concern, the court noted in its judgment that the case primarily relies on documentary evidence, which has already been seized by the prosecution. The court stated,
“As such, there is no possibility of tampering with the evidence.” Regarding concerns about influencing witnesses, the court further added, “Insofar as the concern with regard to influencing the witnesses is concerned, the said concern can be addressed by imposing stringent conditions upon the appellant.”
Sisodia was initially arrested by the CBI on February 26, 2023, over alleged irregularities in the formulation and implementation of the now-defunct Delhi excise policy for 2021-22.
The ED subsequently arrested him in the related money laundering case on March 9, 2023. Following his arrest, Sisodia resigned from the Delhi cabinet on February 28, 2023.
This ruling clears the way for Sisodia’s release, albeit under strict supervision, while allowing him continued access to the CM’s office and the Delhi Secretariat, which the court deemed unnecessary to restrict.
Click Here to Read Previous Reports on Manish Sisodia
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
