AAP’s Manish Sisodia Walks Free After 17 Months as Supreme Court Grants Bail

The Apex Court on the preceding Friday allowed a bail petition of the former Deputy Chief Minister of Delhi Manish Sisodia in the Delhi excise policy probes headed by the CBI and Enforcement Directorate. Since the arrest of Sisodia, he was in custody for 17 months, and according to Article 21 of the Constitution of India, which incorporates the right against arbitrary interference, the right to liberty, and a speedy trial, the court held his detention unlawful.

From the court’s observation, Delhi High Court and lower courts were accused of deviating from the reformative principle of bail as the rule and jail as the exception. What was underlined in this case was that every suspect should not be refused the right to bail.

In a customary manner, as soon as he left Tihar Jail, Sisodia was welcomed by leaders and workers of AAP. A senior AAP leader said that since Sisodia, who was earlier handling critical portfolios such as finance, education, and public works, would perhaps serve once again in the cabinet. However, the timing of his return is contingent on the impact of related charges for which Chief Minister Arvind Kejriwal remains in jail and awaits the option of bail to be released.

Supreme Court Criticizes Lower Courts

The High Court of Delhi had passed an order on 21.05.2021 and had refused bail to Sisodia, hence this order passed by the Supreme Court. Justice BR Gavai, who led the bench, noted his concern about the High Courts and trial courts’ tendency to “play safe” by denying bail to accused persons. The bench also noted that in cases of protection of life and liberty of people, the courts are under obligation to safeguard people’s rights rather than putting citizens through a cumbersome legal contest just to gain bail.

Delay in Trial Considered Unjust

Another factor that concerned the court was the long delay in Sisodia’s trial. Sadly, at the time when Sisodia was in prison for 17 months, there was not much improvement. With 493 or more witnesses and about 69,000 documents to be produced before the court, the prospect of a speedy trial seemed, at this point, to be nearly impossible. The Supreme Court noted that it would violate Sisodia’s right to liberty if he were to remain in jail perpetually.

Bail Conditions and Political Implications

Due to Sisodia’s arrest, he was released on bail but with certain restrictive conditions. Bail bonds of ₹10 lakh with two sureties have to be furnished by him, and he has to surrender his passport. Also, Sisodia has to furnish a bond to the ‘Deity of Law’ and also the court and appear before the Investigating Officer twice a week during the period of the bail. The court dismissed the aspect of flight risk in this case, as much as Sisodia is an influential member of society, and the aspect of tampering with the documentary evidence was dismissed since most of the evidence is in written form and has already been recovered.

Sisodia’s release may well galvanize the AAP, especially in view of the elections coming up in Haryana and Delhi. Sisodia was represented by senior advocate Abhishek Manu Singhvi, who applauded the bench for its prompt ruling, given that it only took the bench three days to make the decision after the hearing ended.

In its judgment, the Supreme Court also focused on the main idea, which reflects the presumption that the accused person should be released on bail unless there is sufficient cause not to do so. The bench also cautioned the trial courts and high courts to understand this principle, that bail is the norm and jail is the exception. This was the third bail plea that Sisodia presented to the Supreme Court. His prior bail application was refused in October 2023 when the court recognized his right to a speedy trial. However, the trial got inordinately delayed, and he remained incarcerated, so the third bail application was moved in July 2024.

ED also stated that the accused Sisodia’s bail application should be dealt with by the trial court, but the apex court discarded this point. The bench noted that the order to return Sisodia’s case to a lower bench would be a travesty of justice: the procedures were invoked to hinder justice. The court also dismissed arguments that Sisodia was instrumental in the trial’s delay, denying such an act in the case.

Sisodia was initially arrested in February 2023 in a scam related to a now-abolished excise policy in which he was accused of having a role in a conspiracy to favor specific private vendors with higher commission rates. In this case, he has vehemently denied all the charges