The Supreme Court’s bail to senior Aam Admi Party (AAP) leader and Delhi deputy chief minister Manish Sisodia in liquor policy case could not have been more better timed for the not so old political outfit, grappling with jail terms of its key leaders and a loss of faith of the masses over corruption charges.
Manish Sisodia was arrested in February 2023 by the Central Bureau of Investigation (CBI) on charges of money laundering related to the now-cancelled Delhi liquor policy. Following his arrest, Sisodia resigned from his position as deputy chief minister and from his 18 ministerial portfolios, although he remains an elected Member of the Legislative Assembly (MLA).
The Supreme Court observed on Friday that there was not the ‘remotest possibility’ that Manish Sisodia’s trial in the liquor policy case would conclude anytime soon.
To continue detaining the former Delhi deputy chief minister behind bars, despite having already had remained for 17 long months, would be a grave violation of the fundamental right to personal liberty, the Apex court maintained while allowing the bail.
The court flayed the undue delay in commencing of trial besides brushed aside the contention of the investigative agencies, the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), that Sisodia was himself responsible for the delay because of the multiple ‘frivolous applications’ he had filed. These, the central agencies said, included the ones seeking copies of documents annexed with the final reports in two separate cases lodged by them.
A division bench comprising of Justice BR Gavai and Justice KV Vishwanathan, stated that the probe agencies had failed to establish that Sisodia filed any ‘frivolous application’.
Taking note of the voluminous documents filed by the CBI and the ED in their respective chargesheets, the bench said that the AAP leader could not be denied these papers, including the ones on which the agencies were not relying. This could not be a reason to keep Sisodia behind bars, the bench added, while reiterating the well-established bail jurisprudence that ‘bail cannot be denied as a matter of punishment’.
The judgment also reminded trial courts and high court that ‘bail is a rule and jail is an exception’ and that the two forums should not ‘play safe’ in matters of bail.
The bail to Sisodia is a boost for the beleaguered party, which is gearing up to contest Haryana assembly polls and the Delhi elections in the next few months. Party leaders claimed his release is a setback to the ‘ongoing mission’ to defame AAP.
Recap of tumultuous times for AAP
To recap, it all began with the arrest of former health minister and senior party leader Satyendar Jain in a money laundering by ED in May 2022.
In the same year in July, Lt Governor V K Saxena recommended a CBI probe in the excise policy over alleged violations of rules and procedural lapses.
The period from 2022 to 2024 has been a tumultuous one for the party owing to the arrest of its senior leaders.
During this period, the party has seen electoral gains and its elevation to a national party status but it’s journey remained entangled with more lows and highs.
Prior to his arrest on February 26 last year, Sisodia was not only the key face of the Delhi government, but also the party’s go-to man in terms of firefighting during critical times and highlighting its stand on political and national issues. He also shared a close association with not only with party president Arvind Kejriwal but also other leaders.
Thus his arrest was a bolt from the blue for the party, which somehow managed to maintain composure but could not fully recover from his absence.
Bail is a ‘procedural order’, does not absolve Sisodia of offence: Bansuri Swaraj
Meanwhile, BJP MP Bansuri Swaraj said on Friday that the Supreme Court’s verdict granting bail to AAP leader Manish Sisodia was a ‘procedural order’ and did not absolve him of the offence in corruption and money laundering cases linked to the Delhi excise policy case.
Swaraj said at a press conference at the BJP headquarters that Sisodia has been granted bail because of his appeal based on ‘delay in trial’.
Can Sisodia attend office, take decisions
While stipulating bail conditions for Sisodia, the judges declined to entertain an oral request made by the investigating agencies to impose a restriction on Sisodia, as was put on Delhi Chief Minister Arvind Kejriwal, that Sisodia would not visit the Chief Minister’s office.
This now means if Sisodia is re-inducted as a minister in the Delhi government, he can attend office and take decisions.
Conditions of Bail
The bail conditions also include a bail bond of Rs 10 lakh and two sureties of the same amount, as well as visiting the offices of the CBI and the ED twice a week. The two days fixed are Monday and Thursday.
