Lagatar24 Desk
New Delhi: The Supreme Court of India has granted bail to former Delhi Deputy Chief Minister Manish Sisodia, who was arrested nearly 18 months ago in connection with the alleged liquor policy case. The decision, made on Friday morning, comes after a series of strong remarks from the court, emphasizing the importance of a “speedy trial” and condemning the lower courts’ handling of the case.
A bench comprising Justice BR Gavai and Justice KV Viswanathan highlighted that keeping the Aam Aadmi Party leader in jail for an “unlimited time” without commencing the trial was a violation of his fundamental rights. The court compared sending Mr. Sisodia back to the trial court to playing a game of “snakes and ladders,” underscoring the unpredictability and delays involved.
“Incarceration of 18 months… with the trial not even commenced, has deprived the appellant of his right to a speedy trial,” remarked Justice Gavai. He questioned the lower courts’ rationale, noting that the prolonged detention effectively denied Mr. Sisodia his fundamental rights.
The Supreme Court asserted that Mr. Sisodia has deep roots in society and poses no risk of fleeing. The bench criticized the lower courts for neglecting the principle that “bail is the rule, and jail is the exception,” and for seemingly using bail denial as a form of punishment.
The court also took issue with the lower court’s argument that Mr. Sisodia had delayed the trial and should therefore remain in custody. Justice Gavai pointed out that with 493 witnesses named in the case, there was no realistic chance of concluding the trial in the near future, making prolonged detention unjustifiable.
Manish Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023, followed by an arrest by the Enforcement Directorate (ED) less than two weeks later. With this latest ruling, Mr. Sisodia has been granted bail in both cases. The Supreme Court’s ruling emphasized that he could not be held in jail indefinitely while the prosecution delays setting a trial date.
Senior advocate Abhishek Singhvi praised the verdict as a “very prompt judgment,” reflecting the urgency of the situation. Justice Gavai added that “in matters of liberty, every day counts,” signaling the court’s recognition of the importance of personal freedom.
The court has imposed conditions on Mr. Sisodia’s release, including the surrender of his passport and restrictions on visiting the office of Chief Minister Arvind Kejriwal, who is also embroiled in the same case. The court warned Mr. Sisodia that any tampering with evidence would result in his immediate return to jail.
