Challenges noted in Sisodia’s case

Source: The post challenges noted in Sisodia’s case has been created, based on the article “The top court as custodian of liberties” published in “The Hindu” on 13th August 2024

UPSC Syllabus Topic: GS Paper 2 – Governance – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses the Supreme Court of India granting bail to Manish Sisodia, emphasizing the importance of protecting individual liberties, the right to a speedy trial, and concerns over the misuse of stringent penal laws like the PMLA.

For detailed information on Supreme Court’s decision regarding Delhi Deputy Chief Minister Manish Sisodia read this article here

Why Was Manish Sisodia Granted Bail?

1. Manish Sisodia was granted bail by the Supreme Court after a long incarceration, emphasizing the protection of individual liberties.
2. The Court reaffirmed that “bail is the rule, jail is an exception,” citing its 1977 ruling by Justice V.R. Krishna Iyer.

What Challenges Were Noted in Sisodia’s Case?

1. Large Volume of Evidence: The case against Manish Sisodia involved 56,000 pages of documents and 456 witnesses, making the trial process potentially lengthy.
2. Delay in Trial: The Supreme Court expressed concern that such an extensive amount of evidence could cause significant delays in concluding the trial.
3. Judicial Precedents: The Court referenced past judgments, such as Kashmira Singh (1977) and P. Chidambaram (2020), which underline the importance of avoiding undue delays in trials.

What Are the Concerns About the PMLA?

1. The Prevention of Money Laundering Act (PMLA) has been criticized for its stringent and potentially oppressive application.
2. Over the last 10 years, more than 5,000 cases have been registered under the PMLA.
3. Despite the large number of cases, only 40 convictions have been secured, raising concerns about the law’s effectiveness and fairness.
4. The Minister of State for Finance disclosed in the Rajya Sabha that the Enforcement Directorate (ED) filed 132 casesfrom 2019 to 2024.
5. The low conviction rate and prolonged detention of accused persons under the PMLA highlight concerns that the law might be used as a tool for harassment rather than for genuine legal enforcement.
6. This scenario reflects broader worries about the potential misuse of penal laws in India.

What is the Role of the Supreme Court in Protecting Civil Liberties?

1. Upholding Individual Liberties: The Supreme Court plays a vital role in protecting individual liberties, as shown in its decision to grant bail to Manish Sisodia after a prolonged incarceration.
2. Bail as a Rule: The Court reaffirmed that “bail is the rule, jail is an exception,” emphasizing the importance of the right to liberty.
3. Right to a Speedy Trial: The Court’s insistence on the right to a speedy trial under Article 21 serves as a reminder of its commitment to fair and timely justice.

What Is the Caveat in the Judgment?

1. The Supreme Court initially allowed Manish Sisodia’s detention based on the prosecution’s promise that the trial would conclude within six to eight months.
2. The Court also accepted the prosecution’s statement that the charge sheet would be filed by July 3, 2024.
3. This decision raises concerns about fairness, as it allowed the prosecution to influence the timeline, potentially compromising the accused’s rights.

Question for practice:

Examine how the Supreme Court of India’s decision to grant bail to Manish Sisodia reflects the importance of protecting individual liberties and the right to a speedy trial.