Taking note of a delay in filing of chargesheet, the Supreme Court on Friday granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the excise policy case ending his 17-month-long incarceration, observing that the Aam Aadmi Party leader was deprived of “right to speedy trial”.
Sisodia has been granted bail, on a bond of Rs 10 lakh, in both the cases probed separately by the Central Bureau of Investigation and the Enforcement Directorate.
A Bench comprising Justice B R Gavai and Justice K V Viswanathan said that Sisodia could not be kept in jail without trial for an “unlimited time”, violating his fundamental rights.
The Supreme Court rejected the trial court's finding that Sisodia was also responsible for delaying the trial.“Now relegating Sisodia to trial court and then HC will be like playing a game of snake and ladder,” Justice Gavai said.
The Delhi High Court's adverse remarks against the AAP leader in this regard have also been junked by the top court.
The court had on June 4 recorded an undertaking from Solicitor General Tushar Mehta, who appeared for both the CBI and the ED, that the final chargesheet/prosecution complaint, signalling the completion of investigation in the excise policy case, would be filed in the trial court on or before July 3.
On October 30 last year, the prosecution had given a similar assurance in the top court, that it would take steps to conclude the criminal trial in the next six to eight months by taking appropriate steps.
Justice Gavai said, "Our Initial order of June 4 has been considered. We have observed that when Sisodia approached this court a period of 7 months had lapsed from the first order of this court.”
“However, we took note of the fact that a charge sheet shall be filed and trial would commence. Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then HC will be like playing a game of snake and ladder,” Justice Gavai said.
“It will be a travesty of justice to note that he has to be relegated to trial court again. Procedures cannot be made a mistress of justice. In our view the liberty reserved will have to be construed as liberty to revive the petition after filing of chargesheet. Thus, we do not entertain the preliminary objection and this is rejected,” Justice Gavai said.
Sisodia was arrested under the Prevention of Corruption Act on February 26 last year, the ED arrested him under the Prevention of Money Laundering Act (PMLA) on March 9 of the same year.
”There are 493 witnesses in the trial. Even if you give up 50% of the witnesses, when will you finish? Realistically, when do you see the end of the tunnel?” Justice Viswanathan asked the ED during the last hearing.
"The procedure should not become a punishment, " Justice Viswanathan noted.The Delhi High Court had rejected Sisodia’s bail application on May 30. A Vacation Bench of the apex court of Justices Aravind Kumar and Sandeep Mehta had also refused bail to the former Deputy CM on June 4.
Victory of truth: AAP on Manish Sisodia’s bail
Welcoming the Supreme Court's decision to grant bail to former Delhi Deputy Chief Minister Manish Sisodia, Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh on Friday said that the decision is a slap on the dictatorship of the central government.
“This is the victory of truth,” Singh said, claiming that AAP leaders were forcibly put in jail.He reiterated his earlier assertion that there was no evidence or truth in the case and accused the BJP of wasting Manish Sisodia’s time by keeping him in jail for 17 months.
“As I have said earlier, there is no truth/evidence in this case. Our leaders were forcibly put in jail. Manish Sisodia was kept in jail for 17 months. The BJP wasted Manish Sisodia’s time by putting him in jail,” he said.
Every party worker and the citizens of Delhi are happy with the Supreme Court’s decision, he said, adding, “We have got justice and the decision has come in favour of AAP.”
“I pray to God that Arvind Kejriwal and Satyendra Jain also come out of jail soon. This is a slap on the dictatorship of the central government," he said.
Delhi Education Minister Atishi became emotional after Sisodia received bail. While inaugurating a school building, Atishi said, “This day will be remembered in the history of education. It is a victorious day for all of us.”(UNI)
