Court says prolonged detention without trial breaches right to speedy justice; AAP leader to be released on conditional bail
AAP leader Manish Sisodia greets supporters after his release. Pic/PTI
The Supreme Court on Friday gave bail to AAP leader Manish Sisodia who has been in jail for 17 months, sharply pulling up the lower courts and saying his long incarceration without trial had deprived him of the right to speedy justice. A bench of Justice B R Gavai and Justice K V Viswanathan said in a scathing verdict it is high time trial courts and high courts recognise the principle that “bail is rule and jail is exception”.
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As observed time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial,” the bench said while describing Sisodia as a man with deep roots in society.
Sisodia’s family members celebrate after SC grants him bail. Pic/PTI
The former Delhi deputy chief minister was arrested by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in corruption and money laundering cases linked to the alleged Delhi excise policy scam.
With the apex court granting him bail in both cases, Sisodia is likely to come out of jail today after furnishing bail bond of Rs 10 lakh along with two sureties of a like amount.
Family members celebrate after Supreme Court grants bail. Pics/PTI
Listing the conditions for his bail, the judges said he will have to surrender his passport to the special trial court and not make any attempt to either influence witnesses or tamper with evidence. Besides, he will have to report to the investigating officer every Monday and Thursday between 10-11 am.
“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 (Sisodia) has been deprived of his right to speedy trial,” the bench said.
Feb 26
Day in 2023 when Sisodia was arrested
Just a procedural order, says BJP
The Supreme Court’s verdict granting bail to AAP leader Manish Sisodia is a “procedural order” and this does not absolve him of the offence, BJP MP Bansuri Swaraj said on Friday of the relief granted to him in corruption and money laundering cases linked to the Delhi excise policy case. The apex court granted bail to former Delhi deputy chief minister Sisodia, noting that he has been in custody for 17 months. Swaraj told a press conference at the BJP headquarters here that Sisodia has been granted bail because of his appeal based on “delay in trial”.
Tight slap on dictatorship: AAP
The AAP said SC order granting bail to Manish Sisodia is a “tight slap” on the dictatorship of the BJP-led Centre but rued that the relief came after a year’s delay. In a boost to the embattled party that is grappling with the incarceration of its senior leaders, the SC granted bail to Sisodia in corruption and money laundering cases, noting that he has been in custody for 17 months. A bench of justices B R Gavai and K V Viswanathan said Sisodia has been in custody for 17 months and trial has not yet commenced, depriving him of the right to speedy trial.
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