New Delhi: Delhi former deputy chief minister and senior AAP leader Manish Sisodia walked out of jail on Friday evening, hours after the Supreme Court on Friday granted him relief in the Delhi liquor scam cases, after about 17 months.
The apex court held that speedy trial was a fundamental right, a facet of the right to life. The court observed that Sisodia had been “incarcerated” for 17 months without the trial even commencing in the corruption and money laundering cases linked to the excise policy scam.
The bail comes as a boost to the AAP and will strengthen the top leadership of the party, which was hit following the arrest of both Sisodia and Chief Minister Arvind Kejriwal. The relief to Sisodia will also give a leg up to the party in the impending Assembly polls in the national capital and neighbouring Haryana.
A two-judge bench of Justice B.R. Gavai and Justice K.V. Viswanathan dubbed Sisodia as a man “with deep roots in society” and noted there was no possibility of him fleeing from the country and not being available for trial.
"In any case, conditions can be imposed to address the concern of the state," the bench said. Sisodia was arrested by the CBI on February 26, 2023, and the Enforcement Directorate on March 9.
The bench directed Sisodia to furnish a bail bond of Rs 10 lakh along with two sureties of like amount.
As per the bail conditions, Sisodia will have to surrender his passport to the special trial court and not make any attempt to influence witnesses or tamper with evidence. He will have to report to the investigating officer every Monday and Thursday between 10 and 11 am.
In its 38-page verdict, the top court said: "We find that, on account of a long period of incarceration running for around 17 months and the trial even not having been commenced, the appellant (Mr Sisodia) has been deprived of his right to a speedy trial. As observed by this court, the right to speedy trial and the right to liberty are sacrosanct rights. On denial of these rights, the trial court as well as the high court ought to have given due weightage to this factor."
Referring to earlier judgments, the bench said that the top court had, over a period of time, observed that trial courts and High Courts had forgotten a well-settled principle of law that bail is not to be withheld as a punishment.
"From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in the breach," the bench said.
The bench also flagged concerns with a huge number of petitions flooding the apex court due to the non-grant of bail even in straightforward open and shut cases and said this added to the huge pendency of cases.
Keeping Sisodia behind bars for an unlimited period of time in the hope of speedy completion of trial would deprive him of his fundamental right to liberty under Article 21 of the Constitution, the top court said.
On the CBI and the ED’s counsel’s apprehension regarding the possibility of tampering with the evidence, the bench observed the cases against Sisodia largely depended on documentary evidence, which was seized by the prosecution.
After the bench pronounced its verdict, additional solicitor-general S.V. Raju, who represented the CBI and the ED, urged the top court that the same conditions as were imposed by the apex court on Kejriwal while granting him interim bail in the excise policy-related money laundering case be imposed on Sisodia.
While releasing Kejriwal on interim bail on May 10 to campaign for the Lok Sabha polls, the top court had imposed conditions that he will not visit the CM office or the Delhi secretariat. To which Justice Gavai said: "We are not inclined. We have imposed conditions to address your concern."
When Raju said if there was any tampering with evidence, the probe agencies may move for cancellation of Sisodia’s bail, Justice Gavai said, "That is always there" and added, "In the matters of liberty, every day counts."
Rejecting the preliminary objections by the CBI and ED, the bench said, "Undisputedly, the present appeals have been filed after the final complaint/chargesheet has been filed by the respondents. In that view of the matter, we are not inclined to entertain the preliminary objection and the same is rejected."
It said the apex court on June 4 had granted liberty to Sisodia to revive his prayer for bail after filing the chargesheet.
The top court said: "Now, relegating the appellant to again approach the trial court and thereafter the high court and only thereafter this court, in our view, would be making him play a game of 'snake and ladder'… The trial court and the high court have already taken a view and in our view, relegating the appellant again to the trial court and the high court will be an empty formality."
"The memorable adage that procedure is a handmaiden and not a mistress of justice rings loudly in our ears," it added.
The bench set aside the May 21 verdict of the Delhi High Court, which had dismissed Sisodia's pleas seeking bail.
Before his arrest, Sisodia was not only the key face of the Delhi government but also the party's go-to man for firefighting during critical times and highlighting its stand on political and national issues. He also shared a close rapport not only with the AAP supremo and several other leaders.
"There is a lot of enthusiasm among the AAP workers after Sisodia got bail. Its impact will be felt in the coming elections. We hope Kejriwal will also be soon out of jail," AAP Rajya Sabha member Sanjay Singh said.
