‘Denied Right To Speedy Trial; No Chance He’ll Flee’: What SC Said While Granting Bail To Manish Sisodia

The Supreme Court on Friday granted bail to Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia, in the corruption and money laundering cases linked to the now-crapped Delhi excise policy lodged by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI). With this, Sisodia is set to walk out of jail after 17 months.

A bench of Justices BR Gavai and KV Viswanathan, which had reserved its judgment on Sisodia’s pleas on August 6, imposed no conditions while granting bail to Sisodia. The order will be uploaded by the Supreme Court and sent to Delhi’s Rouse Avenue Court, where the bail bonds will be furnished.

From the Rouse Avenue Court, the bail order will be sent to Tihar jail via post. Then, the Tihar jail will process the document, paving the way for Sisodia to walk out of custody. He is expected to be released by 7 to 8 pm.

Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023, for his alleged involvement in the purported irregularities in the formulation and implementation of the now-scrapped Delhi excise policy 2021-22.

The Enforcement Directorate (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.

Sisodia, a former deputy chief minister of Delhi, had sought bail contending that he has been in custody for 17 months and the trial against him has not yet started. The ED and the CBI had opposed his bail pleas.

Here are the top quotes from the former Delhi education minister’s bail plea.

• The top court said the applicant’s right to have a speedy trial was denied. “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 court noted.
• Justice Gavai allowed Sisodia’s appeal and said, “The Delhi High Court order is quashed and set aside. He is granted bail in both Enforcement Directorate (ED) and Central Bureau Of Investigation (CBI) cases.”
• The Supreme Court also turned down an oral plea by the CBI and ED to restrain Sisodia from visiting the Delhi secretariat or carrying out official duties, like Kejriwal was.  “Those conditions were for the CM. It can’t be in this case,” Justice BR Gavai told ASG SV Raju.
• The court said Sisodia needed to furnish Rs 2 lakh bail bonds, surrender his passport, and report to the police station whenever required.
• The court said the high courts and trial courts were “playing it safe” by routinely denying bail.
• The Supreme Court bench also highlighted that there was no chance of Sisodia fleeing the country. “It’s high time that trial and high courts realise the principle that bail is the rule and jail is an exception. He has deep roots in society and there is no chance he will flee the country,” the court said.
• The court said Sisodia had the right to inspect lengthy documents.