Home » ‘Right to liberty sacrosanct’: Supreme Court raps lower court while granting bail to Manish Sisodia in excise policy case

‘Right to liberty sacrosanct’: Supreme Court raps lower court while granting bail to Manish Sisodia in excise policy case

Manish Sisodia was arrested by the CBI on February 26, 2023, and subsequently by the Enforcement Directorate (ED) less than two weeks later.

by Team Theorist
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In a significant legal development, the Supreme Court on Friday morning granted bail to former Delhi Deputy Chief Minister Manish Sisodia, nearly 18 months after his arrest by the Central Bureau of Investigation (CBI) in connection with the alleged liquor policy case. The court’s decision was accompanied by a series of strong observations on the prolonged nature of Sisodia’s detention and his right to a fair and speedy trial.

A bench comprising Justice BR Gavai and Justice KV Viswanathan emphasized the importance of a “speedy trial,” likening the lower court’s treatment of Manish Sisodia to making him “play snakes and ladders.” The justices criticized the extended period of incarceration without trial, stating that it violated Sisodia’s fundamental rights.

“Incarceration of 18 months… Trial not having even commenced and appellant has been deprived of right to speedy trial,” Justice Gavai remarked, questioning the actions of the lower courts.

The bench further noted that keeping the Aam Aadmi Party leader behind bars indefinitely, without a trial, was an infringement on his fundamental rights. “Keeping appellant behind bars for unlimited time will deny fundamental right. Appellant has deep roots in society… no apprehension of fleeing. Anyway… conditions can be imposed,” the court observed.


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Justice Gavai also highlighted that the trial court and High Court failed to appropriately weigh these considerations, stating that bail should not be withheld as a form of punishment. “Courts have forgotten that bail ought not to be withheld as punishment. Principle bail is the rule and jail an exception,” the court declared, stressing that prolonged detention without trial was unjustifiable.

The court asserted that the right to liberty is “sacrosanct,” dismissing a lower court’s claim that Manish Sisodia had delayed the trial to avoid release. The Supreme Court was critical of the federal agencies’ handling of the case, with Justice Gavai pointing out that with 493 witnesses named, there was little likelihood of Sisodia’s trial concluding in the near future.


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Manish Sisodia was arrested by the CBI on February 26, 2023, and subsequently by the Enforcement Directorate (ED) less than two weeks later. Following the Supreme Court’s ruling, he has been granted bail in both cases. The court’s verdict was seen as a rebuke to the indefinite delay in setting a trial date, with Justice Gavai noting, “In matters of liberty, every day counts.”

Senior advocate Abhishek Singhvi praised the ruling as a “very prompt judgment,” echoing the sentiment of urgency conveyed by the court.

Despite the bail, the Supreme Court has imposed several conditions on Manish Sisodia, including surrendering his passport and refraining from visiting the office of Chief Minister Arvind Kejriwal, who is also jailed in connection with the same case. The court has warned Sisodia that any tampering with evidence could lead to his re-incarceration.

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