Travesty of Justice: Manish Sisodia gets bail, Supreme Court slams delay

Mangalore Today News Network

New Delhi, August 9, 2024: Manish Sisodia was granted bail by the Supreme Court Friday morning - nearly 18 months after the ex-Delhi Deputy Chief Minister was arrested by the CBI in the alleged liquor policy case. In a powerful verdict the court said he is entitled to a "speedy trial" and that a rejection now would force him to work his way back up the system. "It would be like making him play snakes and ladders," the top court said.

"In a matter pertaining to the life and liberty of a citizen - which is one of the most sacrosanct rights guaranteed by the Constitution - a citizen cannot be made to run from pillar to post," the court said.

Mr Sisodia was arrested by the CBI on February 26, 2023, and by the Enforcement Directorate less than two weeks later. He has now been granted bail in both cases, with an irate Supreme Court stating he cannot stay in jail indefinitely while the prosecution works to an unconfirmed trial date.

A bench of Justice BR Gavai and Justice KV Viswanathan also said keeping the Aam Aadmi Party leader in jailed for an "unlimited time", without a trial, is in violation of his fundamental rights.

"Incarceration of 18 months... Trial not having even commenced and appellant has been deprived of right to speedy trial, " Justice Gavai said as he asked tough questions of the lower courts.

"Keeping appellant behind bars for unlimited time will deny fundamental right. Appellant has deep roots in society... no apprehension of fleeing. Anyway... conditions can be imposed."

"Bail Is The Rule, Jail An Exception"

"Trial court and High Court ought to have given due weightage to this. Courts have forgotten that bail ought not to be withheld as punishment. Principle bail is the rule and jail an exception..." the court said, acknowledging that the prolonged period of incarceration was untenable.

"Bail can’t be rejected as punishment (of the accused)," the court declared.

The accused’s right to liberty is "sacrosanct", the court said firmly, dismissing a lower court’s contention that Mr Sisodia had attempted to delay the trial and so should not be released.

AAP, Raghav Chadha Reacts

Mr Sisodia’s party has welcomed his release, calling it "victory of truth".

Rajya Sabha MP Raghav Chadha, in a euphoric post on X (formerly Twitter), declared "the entire country is happy today as Manish Sisodia, hero of the Delhi education revolution, got bail."

"This verdict is a slap on Centre’s dictatorship. He was in jail for 17 months. His life was destroyed in those months. He could have worked for education of children in that time," Sanjay Singh - who was also arrested, and later granted bail by the top court, in this case - said.

Punjab Chief Minister Bhagwant Mann declared, "Manish Sisodia’s bail is a victory of truth."

"Satyamev Jayate," Delhi Education minister Atishi posted on X.

Top Court Slams Lower Courts Over Sisodia

In releasing Mr Sisodia, the court also made critical observations on the federal agencies’, one example of which was Justice Gavai saying, "In this case 493 witnesses (were) named (and) there is not remotest possibility that Manish Sisodia’s trial will conclude in (the near) future."

On that note, during the hearing, the court asked Additional Solicitor General SV Raju, who represented the agencies, "Realistically tell us... where do you see the end of the tunnel?"

Asked when the trial could begin, Mr Raju said, "Within a month of the framing of charges."

Mr Raju had earlier argued the delay was due to multiple applications filed by Mr Sisodia and others, seeking inspection of documents unrelated to charges filed in May last year.

The trial could have proceeded but for this delaying tactics, he claimed.

On the question of Mr Sisodia allegedly tampering with evidence, the court pointed out "most evidence is documentary" and that these documents were already with the probe agencies.

Manish Sisodia Bail Conditions

The court has, though, imposed certain conditions on Mr Sisodia, including demanding he surrender his passport and report to the Investigating Officer every Monday.

The court has also warned Mr Sisodia he will be returned to jail if there is tampering of evidence.

Sisodia Went "From Pillar To Post"

Manish Sisodia could not be made to run "from pillar to post" to secure bail, the court said.

In May the Delhi High Court refused bail, reasoning he could influence witnesses and destroy evidence. The following month the Supreme Court also refused a plea, noting, though, that Mr Sisodia could revive his application once the ED and CBI file their final complaints.

A Delhi trial court had rejected Mr Sisodia’s bail plea in April.

The verdict was hailed by senior advocate Abhishek Singhvi as a "very prompt judgement". The response was striking too; "In matters of liberty, everyday counts..." Justice Gavai said.

Mr Sisodia’s release means that of the three high-profile AAP leaders arrested in the liquor policy case only Chief Minister Arvind Kejriwal remains in jail. Mr Singh got bail in April after six months in jail.

Mr Kejriwal has already secured bail for his arrest by the ED. However, since he was re-arrested, by the CBI, days after his bail in the ED case was confirmed by the High Court, he is still behind bars.