The bail granted by the Supreme Court to former Delhi Deputy Chief Minister, Manish Sisodia has multiple dimensions to it, legally as well as politically. By upholding the principle of “Bail and not Jail” to be the norm, the Apex Court has laid down the blueprint for the lower judiciary to act in similar cases in the future.
The signal is that if the trial is delayed, there was no point in keeping an accused in custody, particularly when there was no risk of his or her fleeing away. The issue should be addressed by the subordinate judiciary instead of it reaching the top.
The ruling is the reiteration of what has been the understanding of the judges on such matters and without doubt, this can provide relief to a large number of accused in various jails, if the observation is implemented in letter and spirit down the line. The order has been hailed by a large number of legal luminaries and could be replicated in the future by other benches of the Supreme Court, when similar cases come up before them. It indeed is path breaking.
Manish Sisodia had been in jail for the past 17 months in the liquor scam that hit the Delhi government and he was made the prime accused by the agencies investigating the matter. In the process, he had to resign from his position and his arrest had implications which were both political and far reaching for his party, where he was one of the key functionaries.
Sisodia’s arrest was followed by that of the Delhi Chief Minister, Arvind Kejriwal, who after being given bail in one case, was taken into custody by another agency, a matter that is sub judice and could be headed for a final conclusion. The arrest of the two top most leaders has had an adverse impact on the future of the Aam Aadmi Party, which came to power in the Delhi Assembly with a thumping majority, both in 2015 and 2020.
The Delhi polls are due next year, and when all appeared to be lost for the party, that was formed from the India Against Corruption movement launched by Anna Hazare and many of his associates, there is once again a glimmer of hope.
Sisodia was always regarded as the “nuts and bolts” man in the outfit where Kejriwal was its face. He was heading the maximum number of ministries and at one time, was tipped to take over as the Chief Minister, when Kejriwal was concentrating on the Punjab elections in 2017. This did not happen, but he remained the key player in Delhi politics and his role in increasing the influence of AAP in the capital was enormous.
Sisodia has also played a role in the strengthening of the school system in the city as also was the main inspiration behind the Mohalla clinics, which are a huge success. At one time, it was believed that without him being there in the midst of action, the party may collapse, something which almost happened.
The AAP and the Lt. Governor, have been locked in a long battle over the control of administration, but as the Act has been interpreted by court judgments, the Lt Governor has sweeping powers, much more than those of the elected government. With Sisodia’s release, the AAP may step up its demand for granting Statehood to Delhi or at least, try and force the Union government to share more powers with its representatives.
There is also strong speculation that Sisodia may be inducted into the Cabinet once again. This would only be possible if Kejriwal is allowed to make this request from the precincts of the Tihar jail and one of the ministers in his government quits to make way for the former Deputy CM. As per the Constitution, Delhi cannot have more than seven ministers, one tenth of its total strength of 70 members. Significantly, after the election of Ramvir Singh Bidhuri as a Lok Sabha member from South Delhi, the BJP has brought back Vijendra Gupta as the Leader of Opposition in the Assembly. So far as Sisodia goes, even if he does not rejoin the ministry, he shall be the guiding force of his party in the city.
The bail order by the Supreme Court has brought back hope in the rank and file of AAP, which is now seeking to win its third consecutive election next year. There were reports that the BJP may try and break the party and was in touch with some senior leaders, to give shape to its plans in pursuance of Operation Lotus. This move, if there was one such attempt, would now be not easy to take forward.
Sisodia’s release is also bad news for the Congress, which was trying to revive itself in the capital where it has no MLA or MP for the past several years. The PCC chief Devendra Yadav has been working overtime to bring back his party, but with AAP expected to revive, there could a triangular fight on cards next year.
Sisodia has always been a fighter and he withstood all pressure from the agencies to remain steadfast on his stand while maintaining his innocence. The onus to prove him guilty is with the agencies and the matter is now snowballing into a political slugfest.
So far as AAP is concerned, it stands resuscitated and shall now be reviving its struggle against the Centre in the future. Between us.