Excise policy case: SC relaxes bail condition for Manish Sisodia

The apex court on November 22 agreed to hear Sisodia’s pleas and issued notices to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED)

The Supreme Court on Wednesday relaxed bail conditions of Aam Aadmi Party (AAP) leader Manish Sisodia which required him to report to the investigating officer twice a week in the two cases probed against him by the Enforcement Directorate and the Central Bureau of Investigation (CBI) in the Delhi excise policy case.

He resigned from the Delhi cabinet on February 28, 2023. (PTI photo)

A bench of justices Bhushan R Gavai and KV Viswanathan passed the order by allowing an application moved by Sisodia seeking relaxation of this bail condition imposed by the top court in its order granting him bail on August 9. However, the court directed him to regularly attend the trial.

The order said, “The condition requires petitioner to report to the investigating officer (IO) on Mondays and Thursday...We do not find that the said condition is necessary, and the said condition is deleted. It is made clear that the petitioner shall regularly attend the trial.”

The AAP leader was represented by senior advocate Abhishek Manu Singhvi and advocate Vivek Jain.

The senior lawyer had argued that since getting bail on August 9, he has appeared 60 times before the IO and has attended the trial on all dates showing full compliance with the order passed by the top court.

The top court order granting bail to Sisodia had said, “The appellant is directed to be released on bail in connection with ED Case and FIR registered against the appellant by the CBI on furnishing bail bonds for a sum of ₹10 lakh with two sureties of the like amount.”

He was further directed not to try to influence the witnesses or tamper with the evidence.

Sisodia was arrested in February 2023 for his alleged role in the conspiracy to introduce the now-scrapped excise policy to benefit private retailers by increasing commission rates from 5% to 12%.

The judgement noted the long incarceration of 17 months suffered by Sisodia and the right to speedy trial that was part of fundamental right to life under Article 21 of the Constitution of India. It noted that going by the huge volume of evidence and the long list of witnesses, there was no probability of the trial commencing soon.

The bench said, “In our view, keeping the appellant behind the bars for an unlimited period of time in the hope of speedy completion of trial would deprive his fundamental right to liberty under Article 21 of the Constitution.” It further added that in a matter pertaining to the life and liberty of a citizen, a citizen cannot be made to run from pillar to post as the court held it would be “travesty of justice” to send Sisodia back to the trial court to seek bail.

The bail order had further required Sisodia to surrender his passport and not to tamper with evidence or influence witnesses.