New Delhi: The Supreme Court on Friday granted bail to AAP leader Manish Sisodia in the alleged Delhi excise policy scam noting he had been incarcerated for nearly 17 months and the trial has started in the case so far, and also, a citizen cannot be made to run from pillar to post. The apex court granted bail to Sisodia in cases registered by the CBI and the Enforcement Directorate.
A bench comprising Justices B R Gavai and K V Viswanathan said if the court were to relegate Sisodia back to the trial court it would be like making him play a game of snake and ladders. The apex court stressed that a citizen cannot run from pillar to post and he had already suffered from long incarceration.
The apex court noted that it has considered Section 45 Prevention of Money Laundering Act objection and also referred to the judgment passed by this court in October 2023, where it was said that delay in the trial should be read into Section 45. The bench stressed that in view of long incarceration, rigours can be relaxed. The bench noted that the trial has not started so far in the matter and stressed that he has a right to speedy trial.
Justice Gavai, who pronounced the judgment on behalf of the bench, said a citizen cannot be made to run from pillar to post and reiterated that it would be a travesty of justice to relegate Sisodia to the trial court.
The apex court also rejected the finding of the trial court that Sisodia was responsible for delaying the trial and it has also junked the Delhi High Court's adverse remarks against the AAP leader in this regard. The detailed judgment on the matter will be uploaded later in the day. After pronouncing the judgment, Justice Gavai said in matters of liberty every day counts.
The bench said it has considered judgments where it says in periods of long incarceration, bail can be granted. The top court said that in the present matter, there are 493 witnesses, the cases involve thousands of pages of documents and over a lakh pages of digitised documents, there is not even the remotest possibility that the trial will be concluded in the near future.
"In our view, keeping the appellant behind the bars for an unlimited period of time in the hope of speedy completion of the trial will deprive his fundamental right to liberty in Article 21 of the Constitution. As observed time and again, the prolonged incarceration before being pronounced guilty of an offence should not become punishment without trial," said Justice Gavai.
The bench said Sisodia has deep roots in the society and there is no possibility of him fleeing away from the country and not being available to face the trial.
Regarding ED’s apprehension in connection with tampering of evidence, the bench said that it is to be noted that the case largely depends on documentary evidence, which is already seized by the prosecution and there is no possibility of tampering with evidence.
Regarding the influence of witnesses in the case, the bench said that can be addressed by imposing conditions on the appellant. “The appeals are allowed…”, said the bench, granting bail to Sisodia.
On Tuesday, the Supreme Court asked the central agencies, CBI and ED, where they see the end of the tunnel, referring to several hundred witnesses in the case while reserving its order on bail pleas filed by Manish Sisodia in corruption and money laundering cases linked to the alleged Delhi excise policy scam. The ED had argued that Sisodia was neck-deep in the excise policy scam.
Sisodia was arrested by the CBI on February 26, 2023, for his alleged involvement in irregularities in the formulation and implementation of the now-scrapped Delhi excise policy 2021-22. The ED arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023.
