New Delhi: In a significant ruling, the Supreme Court on Friday granted bail to Aam Aadmi Party (AAP) leader Manish Sisodia, who had been languishing in custody for 17 months following his arrest in connection with corruption and money laundering cases related to the alleged Delhi excise policy scam. The court highlighted that Sisodia’s fundamental right to a speedy trial had been compromised, emphasizing the need for timely judicial processes.
Details of the Ruling:
A bench comprising Justices B.R. Gavai and K.V. Viswanathan delivered the judgment, overturning the earlier decision by the Delhi High Court. The Supreme Court bench emphasized that bail should be the norm, not the exception, and pointed out that Sisodia posed no flight risk due to his deep roots in society. “It’s high time that trial and high courts realize the principle that bail is the rule and jail is an exception,” remarked Justice Gavai. The court further instructed that Sisodia must furnish Rs 2 lakh bail bonds, surrender his passport, and remain available for police inquiries when required.
Court’s Observations:
In its decision, the Supreme Court quashed the Delhi High Court’s previous order and granted Sisodia bail in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases. The bench also underscored the improbability of Sisodia fleeing the country, noting his established presence and reputation within society.
Background on Sisodia’s Arrest:
Manish Sisodia, who served as the Deputy Chief Minister of Delhi, was initially arrested by the CBI on February 26, 2023, over allegations of irregularities in the Delhi excise policy for the year 2021-22. The policy, which has since been scrapped, became the focal point of an extensive investigation. Following his arrest, Sisodia was taken into custody by the ED on March 9, 2023, for a related money laundering case. The fallout from these charges led to his resignation from the Delhi cabinet on February 28, 2023.
Supreme Court’s Inquiry into the Delayed Trial:
Throughout the proceedings, the Supreme Court expressed concern over the prolonged nature of the trial, questioning both the CBI and ED on their timelines for concluding the case. The court noted that a total of 493 witnesses had been listed for the cases, adding to the complexity and length of the trial. The law officer representing the investigation agencies acknowledged that there were eight key witnesses in each case, but refuted claims that the delay was attributable to the agencies.
Sisodia’s Legal Battle:
Manish Sisodia had earlier sought relief from the Supreme Court, challenging the Delhi High Court’s May 21 order that denied him bail. The apex court took up his plea on July 16 and issued notices to the CBI and ED, seeking their responses. The former Deputy Chief Minister’s legal team argued that his extended incarceration without the commencement of the trial was unjust, particularly given the substantial delay and the number of witnesses involved.
The Supreme Court’s ruling underscores the importance of adhering to the principle of a speedy trial and the necessity of upholding the presumption of innocence until proven guilty. Sisodia’s release marks a pivotal moment in the ongoing legal battles surrounding the alleged Delhi excise policy scam, as the courts continue to grapple with the complexities of the case.
