“Principle bail is the rule and jail an exception…”: Supreme Court Slams Central Agencies, Grants Bail to Manish Sisodia After 18 Months in Custody

The Supreme Court on Friday granted bail to Manish Sisodia, the former Deputy Chief Minister of Delhi, who had been in jail for nearly 18 months. Sisodia was arrested by the Central Bureau of Investigation in February 2023, followed by his detention by the Enforcement Directorate (ED), in connection with the alleged liquor policy case. The bench led by Justices BR Gavai and KV Viswanathan, highlighted that Sisodia’s prolonged detention violated his right to a "speedy trial.”

Justice Gavai noted that Sisodia had been in custody for almost 18 months without any trial proceedings. He emphasized that holding Sisodia in jail indefinitely, without a trial, was a violation of his fundamental rights. "Incarceration of 18 months... Trial not having even commenced and appellant has been deprived of the right to speedy trial,” noted the apex court. Justice Gavai also criticized the lower courts for failing to consider that "bail ought not to be withheld as punishment," asserting that "principle bail is the rule and jail an exception." In its decision, the bench stated that returning Sisodia to the trial court would be like making him "play snakes and ladders."

The court slammed the central agencies' handling of the case, with Justice Gavai stating, "493 witnesses (were) named (and) there is not the remotest possibility that Manish Sisodia's trial will conclude in (the near) future." The bench emphasized that "bail can't be rejected as punishment,” and that Sisodia’s right to liberty is "sacrosanct."

In granting bail, the Supreme Court imposed several conditions: Sisodia must furnish a bail bond of ₹10 lakh with two sureties, surrender his passport, and report to the police station twice a week on Mondays and Thursdays. He was also warned against tampering with evidence or attempting to influence witnesses. The court refused the ED's request to restrict Sisodia from visiting the Delhi secretariat or the Chief Minister’s office.

The Supreme Court had previously denied Sisodia bail last October but allowed him to renew his plea if the trial did not progress within six to eight months. Sisodia’s recent application for bail came after the Delhi High Court rejected his plea on May 21 due to delays in the trial.

Sisodia’s arrest was based on a case filed by the CBI following a complaint from Delhi Lieutenant Governor VK Saxena in July 2022. The FIR alleges that Sisodia made decisions regarding the excise policy without proper authorization to benefit licensees. Additionally, the ED case accuses him of using kickbacks from the policy to fund the Aam Aadmi Party’s 2022 Punjab election campaign.​