BREAKING! Supreme Court Shakes Up Liquor Policy Case: Manish Sisodia Granted Bail After 17 Months of Delay!
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In a significant turn of events, the Supreme Court of India has approved the bail application of Manish Sisodia, the former Deputy Chief Minister of Delhi and a key leader of the Aam Aadmi Party (AAP). This decision relates to the ongoing liquor policy case involving Sisodia.
The Supreme Court granted bail in both the CBI and ED cases after acknowledging the substantial delay in initiating the trial. The Court observed that Sisodia had been in custody for approximately 17 months without the trial commencing, thereby depriving him of his fundamental right to a speedy trial. This stance aligns with recent precedents asserting that the seriousness of the offence cannot justify opposing bail if a speedy trial is not ensured by the investigating agencies.
The Court noted the improbability of the trial concluding in the near future due to the vast number of witnesses (495) and extensive documentation involved. Prolonged custody without the prospect of a prompt trial was deemed a grave infringement of Sisodia’s personal liberty under Article 21 of the Constitution.
The judgment also took into account Sisodia's strong community ties and the nature of the evidence, which is primarily documentary and already collected. Thus, concerns about tampering with evidence were deemed minimal. Regarding the risk of influencing witnesses, the Court imposed conditions to mitigate this issue.
Following the Court’s decision, Additional Solicitor General SV Raju requested restrictions similar to those placed on Delhi Chief Minister Arvind Kejriwal, including a ban on visiting the Chief Minister's office or Delhi Secretariat. However, the Court rejected this request and instead imposed bail conditions requiring Sisodia to provide a ₹10 lakh bail bond, submit his passport, and report to the investigating officer twice a week.
The Court criticized both the trial court and the High Court for failing to adequately consider the delay in the trial. It emphasized that the prolonged incarceration and delays should have been factored into the decisions on bail, as highlighted in the Supreme Court’s earlier judgments.
Sisodia’s bail application had been previously dismissed by the trial court and Delhi High Court, which led to his appeal to the Supreme Court. The Supreme Court’s latest decision emphasizes the importance of balancing governance and procedural fairness while upholding the right to personal liberty.
Case Titles:
Manish Sisodia v. Directorate of Enforcement, SLP(Crl) No. 8781/2024
Manish Sisodia v. Central Bureau of Investigation, SLP(Crl) No. 8772/2024