Excise policy case: SC grants bail to Manish Sisodia, says speedy trial denied
Sisodia was granted regular bail in both cases probed separately by the Central Bureau of Investigation and Enforcement Directorate, paving the way for his release after 17 months
The Supreme Court on Friday granted bail to former Delhi deputy chief minister and Aam Aadmi Party (AAP) leader Manish Sisodia in both cases related to alleged irregularities in the now-scrapped 2021-22 excise policy, saying keeping him behind bars in the hope of a speedy trial will deprive him of his fundamental right. It said it is high time courts should realise that bail is the rule and jail is the exception. “...Article 21 [of the Constitution guaranteeing speedy justice] applies irrespective of the nature of the crime.”
The court noted that Sisodia has deep roots in society and there was no scope for tampering with evidence, which is largely documentary. It said it would be open for the agencies to seek bail cancellation in the event any bail condition is violated.
The court granted Sisodia regular bail in the cases probed separately by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), paving the way for his release from prison after 17 months. It directed Sisodia to furnish a bail bond of ₹10 lakh with two sureties, surrender his passport, and report twice a week on Monday and Thursday before the investigating officer. It said he shall not attempt to influence witnesses or tamper with evidence.
The court refused to accept ED’s request to restrict Sisodia from visiting the Delhi secretariat or the chief minister’s office as was done in the case of Arvind Kejriwal when the latter was granted interim bail for national election campaigning.
A bench of justices BR Gavai and KV Viswanathan turned down the prosecution’s request to direct Sisodia to approach the trial court for bail. “To relegate the appellant to approach the trial court and then the high court will be like making him play a game of snake and ladders.” It noted the long delay in the trial and the period of incarceration and said a citizen cannot be made to run from pillar to post as it violates the constitutional guarantee of speedy justice under the Constitution’s Article 21.
The Supreme Court set aside the trial court and the Delhi high court’s orders rejecting bail to Sisodia by attributing the delay in the trial to his frivolous applications and noting the gravity of the crime. “Keeping the appellant behind bars in the hope that there will be speedy trial will be depriving the appellant of his fundamental rights.”
The Supreme Court found no merit in the submission of the ED and CBI that Sisodia was responsible for the delay by moving frivolous applications. It added he moved 13 applications in CBI and 14 in the ED case and all were accepted without any remark that they were frivolous.
The Supreme Court said nearly 69,000 pages of documents were to be examined and some reasonable time must be provided to the accused to inspect them in the interest of fair trial.
In October 2023, the Supreme Court refused to grant Sisodia bail but allowed him to revive his plea if the trial did not conclude in the next six to eight months or proceeded at a snail’s pace. As the trial failed to begin in six months, Sisodia sought bail on the grounds of delay. The Delhi high court rejected his plea on May 21. He approached the Supreme Court on June 4 when the ED told a vacation bench that it would file its charge sheet by July 3.
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%.