New Delhi, Aug 9 : Taking note of a delay in filing of chargesheet, the Supreme Court on Friday granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the excise policy case ending his 17-month-long incarceration, observing that the Aam Aadmi Party leader was deprived of “right to speedy trial”.
Sisodia has been granted bail, on a bond of Rs 10 lakh, in both the cases probed separately by the Central Bureau of Investigation and the Enforcement Directorate.
A Bench comprising Justice B R Gavai and Justice K V Viswanathan said that Sisodia could not be kept in jail without trial for an “unlimited time”, violating his fundamental rights.
The Supreme Court rejected the trial court’s finding that Sisodia was also responsible for delaying the trial.
“Now relegating Sisodia to trial court and then HC will be like playing a game of snake and ladder,” Justice Gavai said.
The Delhi High Court’s adverse remarks against the AAP leader in this regard have also been junked by the top court.
The court had on June 4 recorded an undertaking from Solicitor General Tushar Mehta, who appeared for both the CBI and the ED, that the final chargesheet/prosecution complaint, signalling the completion of investigation in the excise policy case, would be filed in the trial court on or before July 3.
On October 30 last year, the prosecution had given a similar assurance in the top court, that it would take steps to conclude the criminal trial in the next six to eight months by taking appropriate steps.
Justice Gavai said, “Our Initial order of June 4 has been considered. We have observed that when Sisodia approached this court a period of 7 months had lapsed from the first order of this court.”
“However, we took note of the fact that a charge sheet shall be filed and trial would commence. Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then HC will be like playing a game of snake and ladder,” Justice Gavai said.
“It will be a travesty of justice to note that he has to be relegated to trial court again. Procedures cannot be made a mistress of justice. In our view the liberty reserved will have to be construed as liberty to revive the petition after filing of chargesheet. Thus, we do not entertain the preliminary objection and this is rejected,” Justice Gavai said.
Sisodia was arrested under the Prevention of Corruption Act on February 26 last year, the ED arrested him under the Prevention of Money Laundering Act (PMLA) on March 9 of the same year.
”There are 493 witnesses in the trial. Even if you give up 50% of the witnesses, when will you finish? Realistically, when do you see the end of the tunnel?” Justice Viswanathan asked the ED during the last hearing.
“The procedure should not become a punishment, ” Justice Viswanathan noted.
The Delhi High Court had rejected Sisodia’s bail application on May 30. A Vacation Bench of the apex court of Justices Aravind Kumar and Sandeep Mehta had also refused bail to the former Deputy CM on June 4.
UNI
