On October 30, 2023, the Supreme Court of India dismissed the bail plea of former Deputy Chief Minister of Delhi, Manish Sisodia, who faces charges related to alleged irregularities in the Delhi Excise Policy case. The court’s ruling underscored the principle of the rule of law, which ensures that laws are applied uniformly to all citizens and institutions, including the state.
Key Points
- Rule of Law Defined: The Supreme Court highlighted that the rule of law implies the equal application of laws to all citizens and institutions, including the state. It ensures that marginalized sections have equal access to justice, mandates fair and impartial treatment for all, and acts as a check on the arbitrary exercise of power for the public good.
- Dismissal of Bail Plea: The court, comprising Justices Sanjiv Khanna and SVN Bhatti, rejected Manish Sisodia’s bail pleas after considering various aspects and the submissions made by the Central Bureau of Investigation (CBI). The CBI asserted that conspiracy and the involvement of Manish Sisodia were well-established in the case.
- Allegations in the Case: The court recapitulated the allegations made by the probe agencies regarding the offense under Section 3 of the Prevention of Money Laundering (PML) Act and the Prevention of Corruption (PoC) Act. It noted that the excise policy was altered to facilitate kickbacks and bribes from wholesale distributors, with their commissions increased from 5% under the old policy to 12% under the new one.
- Role of Middleman: The CBI alleged that a middleman named Vijay Nair, an AAP member and a confidant of Manish Sisodia, interacted with key individuals to draft the excise policy in favor of liquor groups, promoting cartelization and benefiting specific distributors. The excess commission earned by wholesale distributors, amounting to Rs. 338 crore, was considered proceeds of crime.
- Speedy Trial: The court acknowledged that the trial would be concluded within the next six to eight months, as indicated by the prosecution. It emphasized that detention before being proven guilty should not become a form of punishment without a trial. If the trial gets unduly protracted, bail may be justified.
- Consideration for Bail: The Supreme Court clarified that Manish Sisodia could file a fresh bail application if there is a change in circumstances or if the trial proceeds at a slow pace in the next three months. The trial court would evaluate any such application on its merits.
- Observations on Right to Speedy Trial: The court highlighted the right to a speedy trial as a fundamental right, especially in cases where the trial could take years, and the delay is not attributable to the accused.
Background
Manish Sisodia had been arrested by the CBI in February 2023 for his alleged involvement in irregularities related to Delhi’s excise policy. The Delhi High Court had previously denied his bail applications, leading to his appeal to the Supreme Court. The court’s dismissal of his bail plea underlines the significance of the rule of law and equal application of legal principles to all citizens.
