"Travesty Of Justice": Supreme Court Slams Delay, Manish Sisodia Gets Bail
Manish Sisodia Bail: In a striking verdict Justices BR Gavai and KV Viswanathan said the AAP leader was entitled to a “speedy trial” and that it would it be a “travesty of justice to send him back to a trial court.
New Delhi: Nearly eighteen months after the former Delhi Deputy Chief Minister was taken into custody by the CBI in connection with an alleged liquor policy case, Manish Sisodia was granted bail by the Supreme Court on Friday morning. The court delivered a strong ruling, stating that he should have a “speedy trial” and that a refusal at this point would compel him to climb the system again. The Supreme Court said, “It would be like making him play snakes and ladders.”
“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 stated.
On February 26, 2023, the CBI detained Mr. Sisodia; less than two weeks later, the Enforcement Directorate also took him into custody. After an upset Supreme Court ruled that he could not remain in jail forever while the prosecution works toward an uncertain trial date, he was now given bail in both instances.
A court made up of Justices BR Gavai and KV Viswanathan further declared that the Aam Aadmi Party leader’s fundamental rights will be violated by holding him in custody for a “unlimited time” without a trial.
Judge Gavai questioned the lower courts, saying, “Incarceration of 18 months… Trial not having even commenced and appellant has been deprived of right to speedy trial.”
“Retaining the appellant in prison indefinitely will violate their fundamental rights. The appellant is well-established in society and has no intention of leaving. In any case, restrictions may be placed.”
“Bail Is The Rule, Jail An Exception”
The High Court and Trial Court should have given this the appropriate consideration. It has slipped the minds of judges that refusing bail is not appropriate punishment. The court stated, “Primary bail is the rule, and jail is an exception,” admitting that the lengthy detention was unsustainable.
The court ruled that bail could not be refused as a form of punishment for the accused.
The lower court’s argument that Mr. Sisodia shouldn’t be released because he tried to postpone the trial was rejected by the court, which firmly stated that the accused’s right to liberty is “sacrosanct”.
Raghav Chadha and AAP React
The party of Mr. Sisodia has hailed his release as a “victory of truth” and welcomed it.
In a jubilant post on X (formerly Twitter), Rajya Sabha MP Raghav Chadha said, “the entire country is happy today as Manish Sisodia, hero of the Delhi education revolution, got bail.”
दिल्ली शिक्षा क्रांति के नायक मनीष सिसोदिया जी को बेल मिलने से पूरे देश में आज ख़ुशी है। मैं माननीय सुप्रीम कोर्ट का हृदय की गहराई से आभार व्यक्त करता हूँ।
— Raghav Chadha (@raghav_chadha) August 9, 2024
मनीष जी को 530 दिन तक जेल की सलाख़ों के पीछे रखा गया। उनका जुर्म इतना था कि उन्होंने गरीबों के बच्चों को एक बेहतर भविष्य… pic.twitter.com/Mai1Zqi6XU
This ruling is a blow to the autocratic rule of the Center. He spent 17 months behind bars. Those few months wrecked his life. He had the opportunity to work for children’s education at that time, according to Sanjay Singh, who was also detained before the top court in this case granted him release.
Bhagwant Mann, the chief minister of Punjab, said, “Manish Sisodia’s bail is a victory of truth.”
“Satyamev Jayate,” Delhi Education Minister Atishi wrote on X.
High Court Dismisses Lower Courts Regarding Sisodia
The court criticised the federal authorities in addition to releasing Mr Sisodia. Justice Gavai stated, for instance, that “in this case 493 witnesses (were) named (and) there is not remotest possibility that Manish Sisodia’s trial will conclude in (the near) future.”
“Realistically tell us… where do you see the end of the tunnel?” the court questioned Additional Solicitor General SV Raju, who represented the agencies, during the hearing.
Regarding the start of the trial, Mr. Raju replied, “Within a month of the framing of charges.”
Mr. Raju had previously stated that the reason for the delay was because Mr. Sisodia and other parties had made several petitions to view papers irrelevant to charges that were brought in May of last year.
He said that if not for these methods of delay, the trial may have continued.
The court addressed the claim that Mr. Sisodia had tampered with evidence by stating that “most evidence is documentary” and that these papers were already in the possession of the investigative authorities.
Manish Sisodia’s Conditions for Bail
However, Mr. Sisodia is now subject to a number of orders from the court, including giving up his passport and appearing in person every Monday to the Investigating Officer.
In addition, the court has informed Mr. Sisodia that any evidence tampering will result in his return to prison.
Going “From Pillar To Post” was Sisodia.
The court said that Manish Sisodia could not be forced to run “from pillar to post” in order to obtain bail.
The Delhi High Court denied bail in May on the grounds that he would sway witnesses and obliterate evidence. The Supreme Court rejected a plea request the following month as well, but noted that Mr. Sisodia may resubmit his motion when the ED and CBI submit their final complaints.
In April, Mr. Sisodia’s bail request was denied by a trial court in Delhi.
Senior counsel Abhishek Singhvi praised the ruling, calling it a “very prompt judgement”. The reply, “In matters of liberty, everyday counts,” was as startling. stated Justice Gavai.
With Mr. Sisodia’s release, Chief Minister Arvind Kejriwal is the only prominent AAP politician still behind bars out of the three people detained in connection with the liquor policy issue. After serving six months in jail, Mr. Singh was granted bail in April.
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For his detention by the ED, Mr. Kejriwal has already obtained bail. He is still detained, though, since the CBI re–arrested him a few days after the High Court upheld his bail in the ED case.
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