 "What does Manish Sisodia's bail in excise policy case mean for AAP?")
On Friday, the Supreme Court granted bail to AAP leader Manish Sisodia.
The AAP leader has been in custody for 17 months in the corruption and money laundering cases linked to the alleged Delhi excise policy scam.
The apex court bench comprising justices BR Gavai and KV Viswanathan said Sisodia had been deprived of the right to a speedy trial.
The AAP hailed the decision as “victory of truth” and added that it hoped that other jailed leaders of the party “will also get justice.”
Sisodia, the former deputy chief minister of Delhi, was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023 for purported irregularities in the formulation and implementation of the now-scrapped Delhi excise policy 2021-22.
The Enforcement Directorate (ED) arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023.
Sisodia resigned from the Delhi cabinet on February 28, 2023.
But what does this mean for the AAP?
Let’s take a closer look:
What happened?
Sisodia had sought bail from the Supreme Court.
He argued that has been in custody for 17 months and the trial against him has not yet started.
The ED and the CBI had opposed his bail pleas.
The apex court said that Sisodia was entitled to a speedy trial and that denying him bail and sending his case back down to the lower courts would be like ‘making him play snakes and ladders,’ as per NDTV.
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More Shorts“In a matter pertaining to the life and liberty of a citizen, which is one of the most sacrosanct rights guaranteed by the Constitution, a citizen cannot be made to run from pillar to post,” the court said.
The court said Sisodia cannot be kept behind bars for “unlimited time” without a trial.
“Incarceration of 18 months… Trial not having even commenced and appellant has been deprived of right to speedy trial,” Justice Gavai.
“Keeping appellant behind bars for unlimited time will deny fundamental right. Appellant has deep roots in society… no apprehension of fleeing. Anyway… conditions can be imposed.”
“Trial court and High Court ought to have given due weightage to this. Courts have forgotten that bail ought not to be withheld as punishment. Principle bail is the rule and jail an exception…” the court added.
“Bail can’t be rejected as punishment (of the accused),” the court said as per NDTV**.**
What does this mean for AAP?
Sisodia’s release comes as a big win for the AAP.
As per NDTV, this is because of the three big AAP leaders who were arrested in the liquor policy case, just Chief Minister Arvind Kejriwal remains behind bars.
Kejriwal had secured bail after being arrested by the ED.
However, he remains in jail after being arrested by the CBI.
In April, AAP leader Sanjay Singh got bail after spending six months in jail.
As per Indian Express, Sisodia’s release also comes as the AAP struggles to govern Delhi amid heavy monsoon showers.
The piece noted how the AAP has been badly hurt by the absence of both Kejriwal and Sisodia.
This, as it tussles with Lieutenant Governor VK Saxena, appointed by the Centre, and the bureaucrats.
The piece noted that Sisodia’s return will help steady the party.
However, a senior government official told Indian Express that Sisodia cannot return to the Delhi government until he is sworn in again.
“For both his inclusion in the Council of Ministers and his designation as the Deputy CM, the Delhi Chief Minister has to move a proposal to his Secretariat for the L-G’s nod,” the official, speaking on condition of anyonymity, told the newspaper
Which is a problem considering Kejriwal is still in jail.
“There is one ministerial berth – that of social welfare minister among other similar portfolios – which is vacant, but the condition for Sisodia being handed charge of these is the same: a proposal to this effect being moved by the CM who is behind bars and cannot move it because of this reason,” another official added.
Another AAP leader pointed out that Sisodia, without a berth, cannot be part of official government meetings.
“Of course, he will be involved in party affairs, but without a ministerial berth, he cannot be part of official meetings. His priority right now will be his family. His wife suffers from Multiple Sclerosis and has been quite unwell for the last few months,” the leader said.
The development also comes as the AAP prepares for the upcoming Assembly polls in Delhi and Haryana.
The Indian Express piece added that the development will also boost the morale of the party cadre ahead of the polls.
Singh, the AAP’s Rajya Sabha MP, AAP Delhi state convener Gopal Rai, AAP national general secretary (organisation) Sandeep Pathak, and Delhi ministers Atishi and Saurabh Bharadwaj all met on Thursday to discuss the party strategy.
The AAP in July said that it will contest all 90 Assembly seats in Haryana.
The party contested the Lok Sabha polls in alliance with its INDIA bloc partner Congress in Haryana, Delhi and Gujarat.
However, this alliance drew a blank in Delhi with BJP effecting a clean sweep for a third time. The AAP had contested from Kurukshetra but lost to the BJP.
After the Lok Sabha poll results, Rai had said his party’s alliance with the Congress was only for the Lok Sabha elections and had hinted that the ruling party in the city will go its own way the upcoming Assembly polls.
‘Victory of truth’
In a post on X in Hindi, party MP Raghav Chadha said, “The whole country is happy today as Manish Sisodia, the hero of Delhi education revolution, got bail. I express my gratitude to the Honorable Supreme Court from the bottom of my heart.” “Manish ji was kept behind the bars for 530 days. His crime was that he gave a better future to the children of the poor. Dear children, your Manish uncle is coming back,” Chadha said.
Hailing Sisodia’s bail as a “victory of truth”, AAP’s Rajya Sabha MP Sanjay Singh, said, “This verdict is a slap on the Centre’s dictatorship. He was in jail for 17 months. His life was destroyed in those months. He could have worked for the education of children during that time.”
“We hope that other leaders of the party, Arvind Kejriwal and Satyendar Jain, will also get bail and justice. I bow down before the Supreme Court for this verdict,” he added.
This verdict is a big boost for the AAP, he said.
Delhi Education minister Atishi posted “Satyamev Jayate” on X.
However, the BJP hit back at the AAP, saying that Sisodia wasn’t free and clear.
“Manish Sisodia has got bail in the liquor policy scam case. The BJP always respects court’s decision… but getting bail for an accused does not mean being free from the charges,” party Delhi chief Virendra Sachdeva, said, “Investigations are going on… court will see the evidence.”
“Be it Arvind Kejriwal or Manish Sisodia or others… all of them have brokered the liquor policy scam and this decision will be in front of everyone in the ‘court of the people’,” he declared.
BJP MP Yogendra Chandolia told NDTV the AAP shouldn’t get carried away.
“Look… this comes under the jurisdiction of the court, whether they grant bail or not. He was in jail for 17-18 months and was continuously trying… now on what terms and conditions he got bail will be known later. I would just like to say to AAP don’t be too happy. Bail is just a relief… it is relief for a short time. The case will go on in the court… the agency has evidence,” Chandolia said.
With inputs from agencies
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