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‘17 months… Manish Sisodia has been deprived of right to speedy trial’: Supreme Court’s strong words in bail order

Delhi excise policy case: Manish Sisodia's bail was allowed subject to 2 lakh bail bonds. He has surrender his passport to police station.

Updated on: Aug 9, 2024, 13:19:25 IST
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The Supreme Court on Friday granted bail to Aam Aadmi Party (AAP) leader Manish Sisodia in connection with the Delhi Excise Policy case, saying he has been deprived of the right to speedy trial.

Manish Sisodia was arrested by the CBI in February 2023 and later by the Enforcement Directorate (ED) a month later in connection with the probe into the irregularities in the Delhi excise policy of 2021-22. (HT Archive) (HT_PRINT)
Manish Sisodia was arrested by the CBI in February 2023 and later by the Enforcement Directorate (ED) a month later in connection with the probe into the irregularities in the Delhi excise policy of 2021-22. (HT Archive) (HT_PRINT)

A bench of Justices BR Gavai and KV Viswanathan granted the former Delhi deputy chief minister bail in cases registered by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

The bail to Manish Sisodia was allowed subject to 2 lakh bail bonds. Manish Sisodia also has surrender his passport to and report to police station, as bail conditions.

The Supreme Court allowed the petition after noting that the prolonged delay in trial has violated the right to speedy trial of Manish Sisodia and right to speedy trial is a facet of liberty.

In its strong-worded order, the bench held that Manish Sisodia has been in custody for 17 months and trial has not yet commenced, depriving him of the right to speedy trial. The bench said it would be a travesty of justice to relegate him to the trial court for seeking bail in these cases.

"Sisodia has been deprived of the right to speedy trial. Right to speedy trial is a sacrosanct right. Recently in Javed Gulam Nabi Shaikh case we dealt with this angle and we noted that when court, state or agency cannot protect the right to speedy trial, then bail cannot be opposed saying that crime is serious. Article 21 applies irrespective of the nature of the crime," the bench held.

It said that there is no remote possibility of completion of trial within time and keeping him behind bars for the purpose of completion of trial will be nothing but a violation of Article 21, Bar and Bench reported.

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