Manish Sisodia Gets Bail After 17 Months, Supreme Court Blasts Lower Courts

Former Delhi Deputy Chief Minister Manish Sisodia was granted bail by the Supreme Court Friday morning – nearly 18 months after he was arrested by the CBI in the alleged liquor policy case. In a series of powerful observations the court said the Mr Sisodia is entitled to a “speedy trial” and that returning him to a trial court would be like making him “play snakes and ladders”.

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 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.”

“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.

The top court also made several critical observations on federal agencies’ handling of the case, 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.”

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 a trial date.

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.

The court has, though, imposed certain conditions on Mr Sisodia, including demanding he surrender his passport and not visit the office of Chief Minister Arvind Kejriwal. Mr Kejriwal is in jail in the same case and, like Mr Sisodia, been arrested by the CBI and ED; in his case, he was first arrested by the ED and then by the CBI, days after the Delhi High Court confirmed his bail.

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