The Supreme Court of India has granted bail to Manish Sisodia, the former Deputy Chief Minister of Delhi, in a case related to alleged irregularities in the Delhi Excise Policy for 2021-22. The bench, consisting of Justice B.R. Gavai and Justice K.V. Viswanathan, stressed the fundamental right to a speedy trial, asserting that prolonged pre-trial detention should not serve as a substitute for punishment.
Background of the Case:
Manish Sisodia faced allegations concerning the Delhi Excise Policy for the fiscal year 2021-22. The Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) initiated cases against him following a complaint from Delhi's Lieutenant Governor, Shri Vinai Kumar Saxena. The CBI filed an FIR (RC003202240053) on August 17, 2022, and the ED followed with its case (HIU-II/14/2022) on August 22, 2022.
Sisodia's bail applications had been rejected multiple times by both the trial court and the Delhi High Court. This latest appeal marked the third attempt before the Supreme Court.
Key Legal Issues:
The Supreme Court's judgment addressed several crucial legal points:
1. Right to a Speedy Trial: The Court underscored that a speedy trial is a fundamental right under Article 21 of the Constitution. Sisodia's extended detention without the start of a trial was seen as a violation of this right.
2. Section 45 of PMLA: The Court assessed whether the conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) were fulfilled. The bench concluded that constitutional rights to liberty and a speedy trial should take precedence, especially when trial delays are beyond the accused's control.
3. Prolonged Incarceration: The Court criticized the use of long-term detention as a form of punishment without a conviction, emphasizing that pre-trial detention should not be equated with punishment.
Court’s Observations and Decision:
The Supreme Court made some notable observations in its ruling:
- The case involved a vast amount of documentation and numerous witnesses, suggesting that concluding the trial soon was unlikely.
- Justice Gavai, delivering the judgment, remarked that pre-conviction detention should not be used as a form of punishment.
- The Court highlighted that Sisodia's nearly 17-month detention without a trial violated his fundamental right to liberty.
In light of these observations, the Supreme Court overturned the Delhi High Court's May 21, 2024, order and granted bail to Sisodia. The bail conditions include surrendering his passport, reporting to the investigating officer twice a week, and not influencing witnesses or tampering with evidence.
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