Supreme Court grants bail to AAP leader Manish Sisodia in Delhi excise policy 'scam'

Satya Prakash

New Delhi, August 9

Noting that right to speedy trial is a fundamental right of an accused, the Supreme Court on Friday granted bail to senior AAP leader Manish Sisodia – who has been in jail for more than 17 months in corruption and money laundering cases linked to the Delhi excise policy ‘scam’.

“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 has been deprived of his right to speedy trial… In a matter pertaining to the life and liberty of a citizen which is one of the most sacrosanct rights guaranteed by the Constitution, a citizen cannot be made to run from pillar to post,” said a Bench led by Justice BR Gavai – which had reserved its verdict on Sisodia’s bail pleas on August 6.

“In our view, keeping the appellant behind the 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,” it said.

Ordering his release on a personal bail bond of Rs 10 lakh and two sureties in the like amount, the Bench asked him not to influence witnesses and tamper with evidence; surrender his passport with the Special Court; and report to the Investigating Officer on every Monday and Thursday between 10-11 AM.

The Bench, however, turned down Additional Solicitor General SV Raju’s request to restrain Sisodia from visiting Delhi Secretariat as it did when releasing Delhi Chief Minister Arvind Kejriwal on a 21-day interim bail in May this year.

The Bench – which also included Justice KV Viswanathan -- rejected the preliminary objection raised by the CBI and the ED which wanted Sisodia to approach the trial court first for bail.

“Now, relegating the appellant again to 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', " Justice Gavai said, pronouncing the verdict.

The Bench refused to buy the apprehensions expressed by the probe agencies regarding the possibility of tampering with the evidence, saying the case largely depended on documentary evidence already seized by the prosecution.

Noting that Sisodia has deep roots in the society, it said there was no possibility of him fleeing away from the country and not being available to face the trial.

The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22 which now stands scrapped.

Sisodia was arrested by the CBI on February 26, 2023, for his alleged role in the 'scam' and he resigned from the Delhi cabinet two days later. The ED arrested him in a money-laundering case related to the scam on March 9, 2023, after questioning him in Tihar Jail.

The former Delhi Deputy CM – who has been denied bail by the top court in October 2023 – had sought to revive his petitions in the excise policy scam-related corruption and money laundering cases, contending that he had been in custody for 17 months and the trial against him didn’t make any progress since rejection of his bail by SC.

Allowing his appeal against the May 21 Delhi High Court order denying him bail in corruption and money laundering cases, the top court said, “It is thus clear that there is not even the remotest possibility of the trial being concluded in the near future” in view of the fact that 493 witnesses and thousands of pages of documents were to be examined.

Noting that the liberty granted by its June 4 order to Sisodia to revive his bail pleas should be construed as a liberty to file a petition in the Supreme Court itself, the Bench said.

On behalf of the CBI and the ED, the ASG had opposed Sisodia’s bail pleas, saying documents showed his “neck-deep” involvement in the scam.

On behalf of Sisodia, senior advocate AM Singhvi contended that Sisodia had already undergone half of the minimum sentence and there was no evidence against him.

Holding that the possibility of evidence-tampering by him can’t be ruled out, the Delhi High Court had on May 21 dismissed Sisodia’s bail pleas.

Sisodia challenged the high court's order but the Supreme Court which on June 4 refused to entertain his bail pleas after Solicitor General Tushar Mehta said the chargesheet/prosecution complaint in the liquor policy cases would be filed on or before July 3, 2024.  The top court had granted Sisodia liberty to revive his bail pleas after the filing of the final complaint/chargesheet.