The Supreme Court on Friday granted bail to former Delhi deputy chief minister Manish Sisodia in the alleged excise policy-linked corruption cases. He walked out of Tihar Jail today after 17 months of his arrest.
The apex court directed that the Aam Aadmi Party (AAP) leader be released on bail in both the ED and CBI cases on personal bond of Rs 10 lakh with two sureties of like amount.
'Deprived Of Right To Speedy Trial'
A top court bench of Justices BR Gavai and KV Viswanathan observed that Manish Sisodia has been deprived of the right to speedy trial.
"Right to speedy trial is a sacrosanct right. Recently in Javed Gulam Nabi Shaikh case, we dealt with this angle and we noted that when court, state or agency cannot protect the right to speedy trial, then bail cannot be opposed saying that crime is serious. Article 21 applies irrespective of the nature of the crime," the bench held.
The SC noted that there is "not even a remotest possibility of trial being completed" in the near future and so keeping Sisodia behind bars for the purpose of completion of trial will be nothing but a violation of Article 21, Bar and Bench reported.
'Deep Roots In Society'
"Sisodia has deep roots in society and he cannot flee. Regarding tampering evidence, case largely depends on documentation and thus it is all seized and there no chance of tampering," the Supreme Court said while granting bail to the AAP leader.
Notably, Sisodia has been directed to surrender his passport and report to the police station as per the bail conditions.
Lower Courts 'Playing It Safe'
The Supreme Court slammed trial courts and the High Courts, saying that they appear to be "playing it safe" when they regularly deny bail in criminal cases instead of treating the granting of bail as the norm.
"We have noted judgments where it says in period of long incarceration bail can be granted. The triple test is not applicable in the present case," the bench observed.
The top court also said that it is "high time" trial courts and High Courts recognise principle of "bail is rule and jail is exception".
Sisodia Delayed Trial Is 'Incorrect'
The Supreme Court dismissed the Enforcement Directorate's argument that the delay in trial was because of the various applications filed by Manish Sisodia himself before the trial court.
"Perusal of compliance report by Assistant Director of ED shows that it will show 70 to 80 days to prepare one copy of the clone of the unrelied data. Though various applications were filed by several accused, but he filed only 13 applications in CBI case and 14 applications in ED case. All applications allowed by trial court," the top court was quoted as saying by Bar and Bench.
The trial court, however, noted that Sisodia's application caused the delay in trial. But this conclusion from the trial court was termed 'incorrect' by the apex court.
"When we asked Additional Solicitor General to show any application which was noted as frivolous by trial court, it was not shown. Thus, the observation by the trial court that Sisodia has delayed trial is incorrect and rejected," the SC said.
Game Of Snake And Ladder
The top court said that it will not relegate the AAP leader to trial or High Court again for bail since the SC had -- while rejecting his earlier bail plea -- granted liberty to Sisodia to approach the SC for bail after the chargesheet was filed.
"Initially the order dated June 4 has been considered. We have observed that when Sisodia approached this court a period of 7 months had lapsed from the first order of this court. However, Supreme Court took note of fact that chargesheet shall be filed and trial would commence," the SC bench said.
The apex court further said, "Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then High Court will be like playing a game of snake and ladder."
The bench made it clear that it "travesty of justice" to note that Sisodia has to be relegated to the trial court once again.
"Procedures cannot be made a mistress of justice. In our view the liberty reserved will have to be construed as liberty to revive the petition after filing of chargesheet. Thus, we do not entertain the preliminary objection and this is rejected," the Supreme Court bench said.
BRIEF RECAP OF ARREST
The CBI arrested Manish Sisodia on February 26, 2023 for his alleged involvement in the purported discrepancies in the formulation and implementation of the now scrapped Delhi excise policy.
He resigned from the Delhi cabinet on February 28, 2023.
Then on March 9, 2023, the ED arrested him in the money laundering case stemming from the CBI FIR.
