Manish Sisodia Granted Bail by Supreme Court in ED and CBI Cases

The Supreme Court of India has granted bail to Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia, in connection with the Delhi Excise Policy case.

P24 News Media

August 09, 2024

1 minute

Politics

The Supreme Court of India has granted bail to Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia, in connection with the Delhi Excise Policy case. The cases were registered by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

A bench comprising Justices BR Gavai and KV Viswanathan delivered the order, quashing the earlier decision of the Delhi High Court and granting Sisodia bail in both cases. As part of the bail conditions, Sisodia must furnish ₹2 lakh as bail bonds, surrender his passport, and regularly report to the police station.

Violation of Right to Speedy Trial

The Supreme Court's decision was heavily influenced by the prolonged delay in the trial, which the bench found to be a violation of Sisodia's right to a speedy trial, a fundamental facet of liberty protected under Article 21 of the Indian Constitution. The court noted that there was no realistic possibility of the trial being completed within a reasonable timeframe, and keeping Sisodia in custody would thus be unjust.

"Right to speedy trial is a sacrosanct right," the bench observed, citing the precedent set in the Javed Gulam Nabi Shaikh case. The court emphasized that bail cannot be opposed merely on the grounds of the seriousness of the crime if the trial is unduly delayed.

Rejection of ED's Arguments

The Enforcement Directorate (ED) argued that the delay in trial was partly due to the multiple applications filed by Sisodia himself. However, the Supreme Court dismissed this argument, stating that none of Sisodia's applications were deemed frivolous by the trial court. The bench also rejected the ED's concerns about potential evidence tampering, noting that the case primarily relies on documentation, which has already been seized, reducing the risk of tampering.

Application of PMLA's Triple Test

The court clarified that the triple test for granting bail under the Prevention of Money Laundering Act (PMLA) did not apply to Sisodia’s case, as the bail plea was based on the delay in trial rather than the specifics of the allegations.

Procedural Considerations and Liberty

The Supreme Court also chose not to relegate Sisodia's bail application back to the trial court or the High Court. The bench highlighted that doing so would be akin to a "game of snake and ladder," and would undermine the liberty previously reserved by the Supreme Court for Sisodia to approach it directly for bail after the chargesheet was filed.

Case Background

Manish Sisodia has been in custody since February 26, 2023, in connection with the Delhi Excise Policy case. The case involves allegations that officials from the Delhi government altered the excise policy to benefit certain liquor sellers in exchange for bribes, which were allegedly used to fund the AAP's election campaigns in Goa.

Despite multiple bail applications, Sisodia's pleas were repeatedly rejected by lower courts, including the Delhi High Court. This led to the appeal before the Supreme Court, which ultimately granted bail, considering the undue delay in the trial proceedings.

Legal Representation

Sisodia was represented by a legal team led by Senior Advocates Abhishek Manu Singhvi and Vikram Chaudhari, alongside other prominent advocates. The ED and CBI were represented by Additional Solicitor General SV Raju and his team.

The Supreme Court's decision marks a significant development in the ongoing legal battle surrounding the Delhi Excise Policy case, with implications for both the legal proceedings and the political landscape.