Former Deputy Chief Minister of Delhi Manish Sisodia will be released from jail, after a Supreme Court bench of Justices BR Gavai and KV Viswanathan granted him bail in the Delhi excise policy case today (August 9).
Stating that Sisodia has spent roughly 17 months in jail without trial, the court held that he was deprived of the right to a speedy trial under Article 21 of the Constitution of India (right to protection of life and personal liberty).
Sisodia approached the Supreme Court, arguing that the trial had not begun despite assurances from the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) in October 2023 and that it would be concluded within six to eight months.
Meanwhile, Delhi Chief Minister Arvind Kejriwal is still in jail in connection with the excise policy case. Though he was granted bail on July 12, 2024, in relation to the money laundering case filed by the ED, he remains in judicial custody on account of corruption allegations levelled by the CBI.
What did the court hold?
The court held that both the trial court and the Delhi High Court should have considered the long period of incarceration in Sisodia’s case when considering his bail application. The court stated that trial courts and High Courts often “play it safe”, and fail to recognise the oft-stated rule that “bail is a rule and jail is an exception”.
Even in light of the rigorous bail conditions under Section 45 of the Prevention of Money Laundering Act, 2002, the court held that these conditions can be “relaxed” if the accused has undergone a long period of incarceration. Under the PMLA, the burden of proof is reversed and the accused must show that prima facie (at face value) they have not committed the crime and are not likely to commit any offence while on bail.
Justice Gavai, who delivered the judgment, stated that “there is not even the remotest possibility” of the trial being concluded in the near future. He said that the objective of denying bail is to secure the attendance of the prisoner at the trial and that in this case, Sisodia is not a flight risk as he has “deep roots” in the country.
The court also rejected two objections made by the prosecution. First, in response to the argument that the case should be heard by the trial court, the court stated that a citizen cannot be made to run “from pillar to post” to receive relief. Second, the court rejected the argument that the case had been delayed because Sisodia repeatedly filed applications to cause delays. The bench stated that all of these applications were allowed by the trial court and none were found to be “frivolous”.
Sisodia was directed to be released on bail in the cases filed by both the CBI and ED on the condition that he does not tamper with witnesses, that he surrenders his passport, and reports to the police every Monday and Thursday. The court declined Additional Solicitor General S V Raju’s suggestion that Sisodia be barred from visiting the Delhi Secretariat, similar to the condition placed on Kejriwal when he was briefly released on bail during the 2024 Lok Sabha elections.
What was Manish Sisodia’s bail plea?
The Supreme Court rejected Sisodia’s previous bail plea on October 30, 2023. Though the bench raised doubts about some of the money laundering allegations made by the ED, the bench of Justices Sanjiv Khanna and S V N Bhatti stated that there was “one clear ground” — wholesale liquor distributors had made an excess profit of Rs. 338 Crore under the new liquor policy — that was “tentatively supported by material and evidence”.
However, the court was sympathetic to Sisodia’s argument that the trial had not begun and would likely take years, as there were over 450 witnesses for the CBI and the ED to examine. After the Centre gave assurances that the trial would be completed within a few months, the court held that Sisodia could “move a fresh application for bail in case of change in circumstances, or in case the trial is protracted and proceeds at a snail’s pace in next three months”.
On June 4, 2024, a vacation bench of the Supreme Court briefly heard a fresh bail plea filed by Sisodia but declined to entertain it any further after Solicitor General Tushar Mehta gave assurances that the final chargesheet would be filed by July 3. The bench allowed Sisodia to approach the court again and revive his bail plea after the chargesheet was filed.
Though the case was listed for hearing again on July 11, 2024, the proceedings were briefly delayed after Justice P V Sanjay Kumar recused himself from being a part of the bench. Finally, the court issued notice in his bail plea on July 16 when the case was placed before a bench comprising Justices B R Gavai, Sanjay Karol, and K V Viswanathan.
What are the allegations against Manish Sisodia?
Facing allegations of providing kickbacks to liquor vendors, Sisodia was arrested by the ED and the CBI on February 26, 2023, and March 9, 2023, respectively. The charges levelled by the ED are under the Prevention of Money Laundering Act, 2002.
In addition, the CBI has charged Sisodia with accepting bribes under the Prevention of Corruption Act, 1988.
