Sisodia’s bail

THE granting of bail to Manish Sisodia in the Delhi excise policy scam on Friday marks a significant moment in India’s legal and political arena. The arrest of Sisodia, a key lieutenant of AAP supremo Arvind Kejriwal, had sent shockwaves through political circles. The court’s decision underscores the principle that even in high-stakes cases, the right to liberty cannot be overshadowed by prolonged judicial custody and upholds the principle of bail being the norm and jail an exception. Sisodia has been in custody for 17 months without the commencement of proceedings, depriving him of his right to a speedy trial. The stance also resonates with the broader discourse on personal liberty in India’s legal system.

The Supreme Court’s emphasis that bail should not be withheld as a punishment also highlights the complex interplay between politics and the judicial process. This case raises critical questions about the use of investigative agencies in politically sensitive cases. The timing of Sisodia’s arrest and the subsequent media frenzy suggested a possible political motive, a concern echoed by many in the Opposition. The judiciary’s role in balancing these pressures while upholding the rule of law is pivotal. It has, notably, intervened even in stringent UAPA cases, ensuring that the law is not weaponised to silence opposition. In 2021, the Bombay High Court granted bail to activist Sudha Bharadwaj after she had spent over three years in custody without trial. Similarly, a Delhi University professor, GN Saibaba, was acquitted in 2022 due to procedural lapses and a lack of evidence.

Meanwhile, Sisodia’s bail also marks a crucial moment for the Aam Aadmi Party, which has maintained that the charges were politically motivated. It gives the party hope that its other leaders, including Kejriwal and Satyendar Jain, who are also embroiled in legal battles, will receive similar justice.