According to the Supreme Court, the High Court and trial court infringed on Manish Sisodia’s right to a speedy trial. Sisodia becomes the second AAP leader to obtain bail, following Sanjay Singh.
New Delhi, 9 August 2024
On Friday, the Supreme Court granted bail to Manish Sisodia, former Delhi minister and Aam Aadmi Party (AAP) leader, in connection with the ED and CBI investigations into the alleged excise policy scam. Justices BR Gavai and KV Viswanathan noted that Sisodia’s 17-month imprisonment, coupled with the delay in the trial’s initiation, violated his right to a prompt trial. The judge stated, ‘The prolonged 17-month detention and delay in starting the trial have denied Sisodia his right to a speedy trial.’ Sisodia was initially arrested by the CBI in February 2023, and the ED detained him a month later.
The top court emphasised that the trial court and the High Court should have given this the proper consideration, stressing how important it was to have a prompt trial. Sisodia had previously been denied bail by both the Delhi High Court and the trial court.
“Judges have failed to see that granting bail is not the same as punishing someone.
The principle is that imprisonment is the exception, while bail is the norm. With 493 witnesses listed in this case, the Supreme Court highlighted that the trial is unlikely to conclude anytime soon.”
AAP LEADER #2 WILL RECEIVE BAIL
After Sanjay Singh, Sisodia is the second AAP leader to be granted bail in the excise policy issue by the Supreme Court. The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the ED case. He is being held in the CBI case, nevertheless.
Judge Gavai declared that it would be against Article 21 to keep Sisodia incarcerated until the trial was over.
“Sisodia cannot go away or avoid prosecution because of his strong social ties. The court allowed bail, adding, “The case primarily depends on documentation, so it is all seized and there is no chance of tampering.”
The court dismissed the ED’s and the CBI’s submission, stating that Sisodia would be forced to play “snake and ladder” if he went to the trial court to get bail.
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Delegating Sisodia to trial court and subsequently seeking bail from the High Court would be akin to engaging in a game of snake and ladder. The court issued strong statements, stating that “a citizen cannot be made to run from pillar to post for personal liberty… procedures cannot be made a mistress of justice.”
The two-judge bench further declared that since Sisodia’s plea is predicated on a delay in trial, the triple test—flight risk, influencing witnesses, and tampering with evidence—would not apply to the decision to grant bail under the Prevention of Money Laundering Act (PMLA).
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“The Additional Solicitor General failed to produce any applications that the trial court had flagged as frivolous when we called for them to. Therefore, the trial court’s finding that Sisodia has postponed his trial is unfounded and dismissed,” the court declared.
PAYMENT TERMS FOR MANISH SISODIA
Sisodia must provide a bail bond of Rs 10 lakh. In accordance with the terms of his bail, he must also turn in his passport and show up at the police station every Monday and Thursday.
Nonetheless, the Supreme Court granted Sisodia permission to enter the Delhi Secretariat, turning down the CBI and ED’s oral argument that the AAP leader should not be permitted to carry out official duties.
It’s interesting to note that Arvind Kejriwal was unable to sign documents or carry out his official responsibilities after being given temporary bail in May during the Lok Sabha elections.
