The granting of bail by the Supreme Court to Manish Sisodia, former deputy CM of Delhi, is to be welcomed even if such an order seemed long overdue. That he was released on the same day soon after the bail order was given mitigates somewhat a curiously long incarceration with several appeals for bail.
Even if the accusation that he was one of the principal conspirators in corruption and money laundering cases is granted, it stood to reason that he had to be given bail and asked to stand trial when charges were brought against him.
The fact that the ED and CBI failed to start trials against him in court in 17 months betrayed the fact that the process of imprisonment, in the absence of a speedy trial in the Delhi excise scam case relating to a changed policy that was later abandoned, was being used for persecution.
It must be said that a person being jailed for such a long period without the courts following through on the oft stated principle that bail should be the norm and not jail, despite multiple appeals in various courts, meant that the speed of justice delivery does not appear to be quick either.
The provisions of the PMLA Act may be strict, even draconian, in the matter of the accused having to prove he is not guilty. Even so, there is a place for courts to grant bail and ask the prosecuting agencies to speed up the process by bringing the cases to trial.
The whole process of investigating financial scams must be more thorough and forensically credible rather than being fishing expeditions based on “he said” and “she said” kind of evidence that will barely stand scrutiny in a court of law. The court said as much while stressing that it would be a travesty of justice if the investigating agencies try to take the Sisodia matter back to trial court.
Given the nature of the crime alluded to and the alleged conspirators being prominent political leaders, may we be emboldened to suggest that the Delhi chief minister Arvind Kejriwal also be enlarged on regular bail. His continuing presence in jail is another blot on a dispensation that apparently targets political opponents.
