Justices BR Gavai and KV Viswanathan said the AAP leader was entitled to a “speedy trial” and that it would it be a “travesty of justice to send him back to a trial court.
Former Delhi Deputy Chief Minister Manish Sisodia was granted bail by the Supreme Court Friday morning – nearly 18 months after he was arrested by the CBI in the alleged liquor policy case.Mr Sisodia was arrested by the CBI on February 26, 2023, and by the Enforcement Directorate less than two weeks later. He has now been granted bail in both cases, with an irate Supreme Court stating he cannot stay in jail indefinitely while the prosecution works to a trial date.
Justices BR Gavai and KV Viswanathan said the AAP leader was entitled to a “speedy trial” and that sending him back to a trial court would be like making him “play snakes and ladders”. They also said keeping him jailed for an unlimited time, sans a trial, violates his fundamental rights.”Incarceration of 18 months… Trial not having even commenced and appellant has been deprived of right to speedy trial, ” Justice Gavai said as he asked questions of the lower courts.”Trial court and High Court ought to have given due weightage to this. Courts have forgotten that bail ought not to be withheld as punishment.
Principle bail is the rule and jail an exception…” the court said, acknowledging that the prolonged period of incarceration was untenable.”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 top court also made several critical observations on federal agencies’ handling of the case, one example of which was Justice Gavai saying, “In this case 493 witnesses (were) named (and) there is not remotest possibility that Manish Sisodia’s trial will conclude in (the near) future.”
