In a huge relief for Manish Sisodia, the Supreme Court on Friday granted bail to the former Delhi deputy chief minister in the liquor policy case and said that he has a right to a speedy trial.
Sisodia, who was arrested on February 26, 2023, had approached the Supreme Court saying that the trial had not begun despite assurances from the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) in October 2023 that it would be concluded within six to eight months.
The court said Sisodia has suffered a long incarceration of 17 months and trial hasn’t even begun. The top court said "he has been deprived of his right to a speedy trial".
"Incarceration of 18 months ... the trial has not even commenced and the appellant has been deprived of his right to speedy trial," Justice Gavai said as he questioned the lower courts.
"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 is an exception," the apex court said.
The top court said in this case 493 witnesses were named and “there is not remotest possibility that Manish Sisodia's trial will conclude in (the near) future”.
Meanwhile, after Sisodia's bail was announced, AAP leader Sanjay Singh was seen distributing sweets at his residence. "This is the victory of truth. As I have said earlier, there is no truth/evidence in this case. Our leaders were forcibly put in jail... I pray to God that Arvind Kejriwal and Satyendra Jain also come out of jail soon. This is a slap on the dictatorship of the central government," said Singh.
A bench of Justices BR Gavai and KV Viswanathan directed Sisodia to furnish a bail bond of Rs 10 lakh with two sureties, surrender his passport, and report twice a week on Monday and Thursday before the Investigating Officer. The court has also warned Mr Sisodia he will be returned to jail if there is tampering of evidence.
What was the case against Sisodia?
Facing allegations of providing kickbacks to liquor vendors, Sisodia was arrested by the ED and the CBI on February 26, 2023, and March 9, 2023, respectively. The ED arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023. He resigned from the Delhi cabinet on February 28, 2023. The charges levelled by the ED are under the Prevention of Money Laundering Act, 2002 (PMLA), which carries restrictive bail conditions under Section 45 of the Act.
Denying him bail on October 30, 2023, the top court allowed him a window to revive his bail plea if the trial fails to conclude in the next six to eight months or proceeds at a snail’s pace.
In the first information report (FIR) filed by the CBI, Sisodia was accused of being “instrumental in recommending and taking decisions pertaining to excise policy for the year 2021-22 without the approval of competent authority with an intention to extend undue favours to the licensee post tender”.
Besides Sisodia, Delhi Chief Minister Arvind Kejriwal and AAP MP Sanjay Singh have also been arrested in connection with the ED probe. While Singh is out on bail, the Delhi CM is in judicial custody and is lodged in Tihar Jail.
(Wih PTI inputs)
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