Delhi excise case: SC to hear Sisodia's plea against compulsory appearances

New Delhi

Sisodia was granted bail on August 9 in connection with the Delhi excise policy case. The bail order required him to appear before the IO twice a week. (ANI)

The Supreme Court on Wednesday will consider former Delhi deputy chief minister Manish Sisodia’s petition seeking a change in his bail conditions requiring his appearance before the investigating officer (IO) twice a week.

A bench of Justices Bhushan R Gavai and KV Viswanathan passed the order based on a mention made by senior advocate Abhishek Manu Singhvi, who represented Sisodia. The senior counsel told the court that the plea notice seeking modification was issued on November 22 with a direction to be heard after two weeks.

Singhvi said the two-week deadline had expired and the matter was to be taken up on December 10. However, Tuesday’s case list did not mention the case, prompting Sisodia’s legal team to mention the case. “It is a small matter and will not take much time,” Singhvi said, after which the court adjourned the matter to Wednesday.

Sisodia was granted bail on August 9 in connection with the Delhi excise policy case. The bail order required him to appear before the IO twice a week. In his plea before the top court, Sisodia said that since his bail was granted, he has appeared before the IO 60 times and attended the trial on all 18 dates, thereby demonstrating his full compliance with the order rendered by the highest court.

“He is a respectable person. He has been to the IO 60 times. No such condition was imposed on the other accused as the same ED did not raise any objection. This matter needs to be heard at the earliest,” Singhvi said in his initial statement to the court.

The top court’s order granting bail to Sisodia said: “The appellant is to be released on bail in connection with the ED case and the FIR registered against the appellant by the CBI for furnishing sureties of ‘an amount of ₹10 lakh with two sureties of the same amount.

He was also ordered not to attempt to influence witnesses or tamper with evidence, and to surrender his passport.

Sisodia was arrested in February 2023 for his alleged role in the plot to introduce the now-abandoned 2021-2022 excise policy to benefit private retailers by increasing commission rates from 5% to 12%.

The judgment highlighted the 17-month long incarceration suffered by Sisodia and the fundamental right to speedy trial under Article 21 of the Indian Constitution. He said that given the enormous volume of evidence and the long list of witnesses, the trial was unlikely to begin soon.

The court said: “In our view, keeping the appellant behind bars for an indefinite period in the hope of a speedy trial would deprive him of his fundamental right to liberty under Article 21 of the Constitution. »

He added that in a matter relating to the life and liberty of a citizen, a citizen cannot be made to run from pillar to post as the court ruled that it would be a “travesty of justice” to dismiss Sisodia before the trial court. ask for a deposit.