‘Deprived of right to speedy trial’: Why SC granted bail to AAP leader Manish Sisodia | Indian News

The Supreme Court on Friday granted bail to AAP leader Manish Sisodia in the corruption and money laundering cases related to the excise policy scam.
Justices BR Gavai and KV Viswanathan noted that Sisodia has been in custody for 17 months without the trial commencing, which deprives him of the right to a speedy trial. It directed that Sisodia be released on bail on a personal bond of Rs 10 lakh with two sureties of the like amount. The former deputy chief minister has also been asked to surrender his passport.
Sisodia, who served as Delhi’s deputy chief minister, was initially arrested by the CBI on February 26, 2023, for his alleged involvement in irregularities related to Delhi’s 2021-22 Excise Policy. The ED subsequently arrested him on March 9, 2023, in connection with the money laundering investigation.
Here’s what the court said while granting bail to Manish Sisodia:
Delay in trial as a valid ground for bail
The Supreme Court emphasized that delay in trial and prolonged imprisonment are valid grounds for granting bail, even in cases under stringent laws like the Prevention of Money Laundering Act (PMLA).
“Manish Sisodia is in custody for 17 months and trial has not yet begun; this deprives his right to speedy trial,” the top court said.
“Right to speedy trial is a sacrosanct right… Bail cannot be opposed saying that the crime is serious. In matters of liberty, every day count,” it added.
Violation of fundamental rights
The top court also noted that keeping an accused in prolonged detention with the hope of completing the trial amounts to a violation of their fundamental rights.
“Keeping an accused in jail for long time in hope of completion of trail amounts to violation of fundamental rights of accused,” the Supreme Court said.
‘Bail as rule, jail as exception’
The top court noted that high court and trial court is playing safe in matters of bail. ‘It is high time trial courts, high courts recognize principle of bail is rule and jail is exception’, the apex court said.
Rejection of plea for uniform conditions
The CBI and ED had requested the Supreme Court to impose bail conditions similar to those applied to Delhi chief minister Arvind Kejriwal.
However, the court rejected this plea, stating that each case needs to be treated on its own merits rather than applying uniform conditions across the board.
Rejection of trial court relegation
The Supreme Court also ruled that relegating Sisodia to the trial court to seek bail would be a travesty of justice.
‘No case of tampering evidence’
Advocate representing Manish Sisodia, Rishikesh Kumar said, “The court has said that if you have the evidence then there is no case of tampering. If you have kept him in jail for so long, it’s against the principles of bail. Be it the case of ED or section 45, the cardinal rule of bail is applied there. And keeping this in mind, that Manish Sisodia has already been in jail for 17 months, the Supreme Court dismissed all the pleas of ED and granted him bail. also said that the statement of ED in court that trial will end in 6-8 months, it doesn’t seem like it will.”