Supreme Court’s decision regarding Delhi Deputy Chief Minister Manish Sisodia

Source: The post Supreme Court’s decision regarding Delhi Deputy Chief Minister Manish Sisodia has been created, based on the article “Rule and exception: Courts should ensure free trial without prolonged imprisonment” published in “The Hindu” on 12th 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 Delhi Deputy Chief Minister Manish Sisodia. It emphasizes that bail should not be denied as punishment and highlights concerns about delays in trials and the importance of safeguarding citizens’ liberty.

For detailed information on a Bail Law read Article 1, Article 2

What was the Supreme Court’s decision regarding Manish Sisodia?

1. The Supreme Court of India granted bail to Delhi Deputy Chief Minister Manish Sisodia after nearly a year-and-a-half in prison.
2. The decision emphasized that bail should not be denied as punishment.
3. The court noted that when a case relies mainly on documentary evidence, bail should be the norm unless the suspect is a flight risk or can tamper with evidence.
4. Sisodia was arrested in early 2023 by the CBI and the ED in the Delhi liquor policy case.

Why is this decision important for bail law?

1. Bail is the Rule, Not the Exception: The Supreme Court’s decision in granting bail to Manish Sisodia reinforces the principle that bail is the rule, not the exception.
2. Documentary Evidence and Bail Norms: The case involved mainly documentary evidence, indicating that bail should be the norm unless there is a flight risk or tampering with evidence.
3. Criticism of Judges’ Tendency: The Supreme Court criticized the tendency of some judges to deny bail unnecessarily, ignoring the principle of timely trials. This may lead to loss of public trust in the judiciary.
4. Protecting Citizens’ Liberty and Ensuring Fair Trials: In October 2023, the Supreme Court had directed that Sisodia could reapply for bail if the trial was delayed. This decision highlights the importance of protecting citizens’ liberty and ensuring fair trials without prolonged pre-trial imprisonment, especially when trials are delayed.

Question for practice:

Discuss the importance of the Supreme Court’s decision to grant bail to Manish Sisodia in reinforcing the principle that bail is the rule, not the exception.