The Supreme Court of India on August 9, 2023, granted bail to Manish Sisodia, the former Deputy Chief Minister of Delhi, in cases related to the Delhi excise policy. The court’s decision came after a lengthy legal battle, with Sisodia having been in jail for 17 months. The Supreme Court, in its order, granted regular bail to Sisodia in cases probed by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in connection with the now-scrapped excise policy.
The Aam Aadmi Party (AAP) leader will now be released from jail after a prolonged period of incarceration. This decision comes after the Supreme Court, on August 6, reserved its judgment on Sisodia’s bail pleas in the ED and CBI cases. The bench, comprising Justices BR Gavai and KV Viswanathan, disagreed with the findings of the trial court and the High Court, which attributed the delay in trial to Sisodia.
The top court asserted that it would be a ‘travesty of justice’ to relegate Sisodia back to the trial court for seeking bail in these cases, given the significant delay in the trial proceedings. The Supreme Court, in its order, highlighted several key points:
1.
Right to Speedy Trial:
The court emphasized that Sisodia’s prolonged incarceration of 17 months, coupled with the non-commencement of the trial, amounted to a deprivation of his right to a speedy trial.2.
Bail as a Rule:
The court reiterated the principle that bail is the rule and jail is the exception. It criticized the practice of withholding bail as a form of punishment, asserting that Article 21 of the Indian Constitution, guaranteeing the right to life and personal liberty, applies irrespective of the nature of the crime.3.
Unjustified Detention:
The Supreme Court stated that keeping Sisodia behind bars for an unlimited time would deny him his fundamental rights. It acknowledged that Sisodia has deep roots in society and there was no apprehension of him fleeing.4.
Trial Court Delay:
The court observed that the trial court and the High Court should have given due weightage to the delay in the trial proceedings.5.
No Merits in Opposition:
The Supreme Court dismissed the arguments against bail, stating that the investigating agencies had not substantiated their claims regarding the seriousness of the offense to justify denying bail.6.
Conditions Imposed:
The Supreme Court, while granting bail, imposed conditions on Sisodia, including the surrender of his passport, reporting to the investigating officer every Monday, and refraining from influencing witnesses.This decision by the Supreme Court is likely to have significant political ramifications, as it marks a setback for the BJP government, which had been pushing for Sisodia’s continued detention. The case has been a subject of intense political debate, with the AAP alleging that the charges against Sisodia are politically motivated.
