Bail is the rule: Can Manish Sisodia be Delhi’s deputy CM again? Explained | India News

Manish Sisodia grantes bail (Photo: X/@Manish Sisodia)

Delhi liquor policy: Manish Sisodia’s arrest

Manish Sisodia was arrested in February 2023 by the Central Bureau of Investigation (CBI) on charges of money laundering related to the now-cancelled Delhi liquor policy. Following his arrest, Sisodia resigned from his position as deputy chief minister and from his 18 ministerial portfolios, although he remains an elected Member of the Legislative Assembly (MLA).

The Supreme Court, while granting bail, criticised the lower courts for denying Sisodia bail multiple times. The bench of Justices BR Gavai and KV Viswanathan highlighted the importance of the principle established in the 1977 landmark judgment of the ‘State of Rajasthan vs Balchand alias Baliya’ case, where the Court ruled that bail should generally be granted unless there are compelling reasons to deny it, such as the risk of the accused fleeing, obstructing justice, or intimidating witnesses.

What is the ‘bail is the rule’ principle?

The principle that “bail is the rule, and jail is the exception” emphasises that an accused should not be subjected to prolonged incarceration without trial, except in circumstances where there is a significant risk to the judicial process. This doctrine has been a cornerstone of Indian legal jurisprudence, ensuring that personal liberty is not unduly compromised.

How PMLA’s twin test poses challenges to bail

In cases involving the Prevention of Money Laundering Act (PMLA), securing bail becomes particularly difficult due to the stringent “twin conditions” imposed under Section 45(1) of the Act. The 2018 amendment to the PMLA revived these conditions, making it necessary for the court to be convinced that the accused is not guilty of the offence and is unlikely to commit any offence while on bail. This effectively shifts the burden of proof onto the accused, complicating the bail process.

Supreme Court’s rationale on Sisodia’s bail

In Sisodia’s case, the Supreme Court ruled that the prolonged delay in trial and extended imprisonment were valid grounds for granting bail. The court highlighted the importance of the right to a speedy trial, stating that “every day counts” in matters of personal liberty. The CBI and Enforcement Directorate (ED) had argued for stringent bail conditions similar to those imposed on Delhi Chief Minister Arvind Kejriwal, but the Court rejected this request, asserting that each case must be evaluated on its own merits.

Now that Sisodia has been released from jail, the question emerges, will he return to the post of deputy chief minister?

Can Manish Sisodia be reinstated as Delhi deputy CM?

With his release, there is growing speculation about Sisodia’s potential return to the Delhi Cabinet, particularly as the city faces Assembly elections in six months. His reappointment, however, faces significant procedural and political challenges. The process of reinstating Sisodia as a minister would typically require a recommendation from the chief minister, who is currently imprisoned, adding complexity to any immediate political comeback.

AAP leaders and supporters are divided on the best course of action for Sisodia, according to media reports. Some argue that his expertise and leadership are urgently needed in the government, especially in the current political landscape. Others suggest that he might be more effective in strengthening the party’s organisational framework ahead of the upcoming elections.

Another factor in the discussion is Sisodia’s health and that of his wife. These personal considerations are likely to influence his decision.

 

First Published: Aug 10 2024 | 3:09 PM IST