“If the government tries to put common people in jail who speak out against the dictatorship, the Constitution will protect them,” Sisodia told AAP supporters waiting for him outside the gates of Tihar jail.
Noting that far from being completed in 6-8 months, the trial has not yet started, a bench of justices BR Gavai and KV Viswanathan said that the case is fit to grant bail as prolonged detention would violate his fundamental rights. life and liberty which is one of the most sacred rights guaranteed by the Constitution. Sisodia was arrested by CBI on Feb 6, 2023, and then detained by ED on March 9.
“In the current case, in the ED case as well as the CBI case, 493 witnesses have been named. The case involves thousands of pages of documents and more than a lakh pages of digital documents. It is clear that there is not the remotest possibility that the trial will end in the near future. in our opinion, keeping the accused behind bars for an indefinite period in the hope that the trial will be completed quickly will reduce (him) the fundamental right to liberty under Article 21. As observed repeatedly, long imprisonment before conviction should not allowed to be punishment without trial,” the court said.
Although the CBI/ED has confirmed that Sisodia was subject to similar conditions when he granted bail to the Delhi CM Arvind Kejriwal who was asked not to visit the Delhi office and secretariat, the bench rejected the request. Sisodia, in any case, resigned as minister and held no post.
The court ordered Sisodia to hand him over passport and reports to the IO on Mondays and Thursdays. He had to furnish bail bond for Rs 10 lakh with two sureties alike and the court also allowed the investigating agency to seek cancellation of bail in case of any violation, including not trying to influence witnesses or tampering. evidence.
Travesty of justice if Sisodia is sent back to court: SC
We find that, due to the lengthy detention period of 17 months and the fact that the trial has not yet begun, petitioner has been deprived of his right to a speedy trial. As observed by this court, right to speedy trial and right to liberty are sacred rights. While denying the right, the trial court and the high court should give weight to this factor,” the court said, setting aside the order of the trial court and the HC.
This is the third round of litigation on Sisodia’s bail in the SC which in October last year rejected his plea. He made a fresh plea before the apex court after it was rejected by the court and the Delhi HC and the court dismissed his plea in June and gave him liberty to revive the petition after filing a charge sheet. Seeking rejection of the third petition to reinstate its plea, the CBI/ED told the bench that it would have to approach the court before the HC and ultimately the SC.
However, the bench rejected the plea and said it would be a “travesty of justice” if he was sent back to court for bail. “Putting the appeal back to the court and after the high court and only after this court, according to us, will make him play snakes and ladders. The trial court and the HC have seen it and according to us, sending him back to the court and the HC will be an empty formality. matters related to the life and liberty of citizens which is one of the most sacred rights guaranteed by the Constitution, citizens cannot run from pillar to post,” he said.
The court also found that there was no substance to the CBI/ED’s allegations, which the court ruled, that the trial was delayed due to Sisodia filing multiple applications.
He noted that none of the applications filed by him were frivolous and the court records of the case contradicted the court’s finding that the delay was caused by him.
“It may be seen that, even though it has been submitted on behalf of the ED that hundreds of applications have been filed for the production of unreliable documents, the record will not support this position. Though various applications have been filed by different accused persons, up to now the petitioner has filed only 13 applications in the CBI case and 14 in the ED case. This will open several applications for permission to meet his wife or permission to file vakalatnama, sign on documents, request permission to sign checks etc. “said the court.