The Supreme Court of India has granted bail to Manish Sisodia, former Deputy Chief Minister of Delhi, in connection with the alleged irregularities in the Delhi Excise Policy for the year 2021-22. The bench, comprising Justice B.R. Gavai and Justice K.V. Viswanathan, underscored the fundamental right to a speedy trial, emphasizing that prolonged pre-trial detention should not be used as a substitute for punishment.
Background of the Case:
The case against Manish Sisodia originated from allegations of irregularities in the framing and implementation of Delhiโs Excise Policy for 2021-22. The Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) registered cases against Sisodia based on a complaint from the Lieutenant Governor of Delhi, Shri Vinai Kumar Saxena. The FIR by CBI (RC0032022A0053) was registered on August 17, 2022, followed by a case by the ED (HIU-II/14/2022) on August 22, 2022.
The investigation has seen multiple rounds of legal battles, with Sisodia’s bail applications being rejected at various stages by both the trial court and the Delhi High Court. The Supreme Court had previously denied bail, but the latest appeal marked the third round before the apex court.
Key Legal Issues:
The Supreme Court’s judgment revolved around several critical legal issues:
1. Right to Speedy Trial: The Court highlighted that the right to a speedy trial is a fundamental right under Article 21 of the Constitution. It was observed that Sisodiaโs prolonged detention without the commencement of trial infringed upon this right.
2. Application of Section 45 of PMLA: The Court examined whether the conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) were met. The bench found that the constitutional mandate of the right to liberty and speedy trial should take precedence, particularly when the trial is delayed due to reasons beyond the accused’s control.
3. Prolonged Incarceration: The Court criticized the use of prolonged incarceration as a punitive measure without a conviction, reiterating that pre-trial detention should not equate to punishment.
Court’s Observations and Decision:
The Supreme Court made several significant observations in its judgment:
– The bench pointed out the voluminous nature of the case, with thousands of pages of documents and a large number of witnesses, making the conclusion of the trial in the near future highly unlikely.
– Justice Gavai, writing for the bench, remarked, “Detention or jail before being pronounced guilty of an offence should not become punishment without trial.”
– The Court also noted that Sisodiaโs detention for nearly 17 months without the trial even commencing violated his fundamental right to liberty.
Considering these factors, the Supreme Court set aside the Delhi High Court’s order dated May 21, 2024, and granted bail to Sisodia. The conditions for bail include the surrender of his passport, reporting to the investigating officer twice a week, and refraining from influencing witnesses or tampering with evidence.
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Case Details:
– Case Title: Manish Sisodia vs Directorate of Enforcement
– Bench: Justice B.R. Gavai and Justice K.V. Viswanathan
– Appellant’s Lawyers: Dr. Abhishek Manu Singhvi
– Respondent’s Lawyers: Shri Suryaprakash V. Raju, Additional Solicitor General
