Source: Supreme Court

Why in News?

The Supreme Court (SC) has held in the case of Manish Sisodia v. Central Bureau of Investigation that the Delhi liquor policy scam and the denial of bail to former Delhi Deputy Chief Minister being detained or held in jail prior to being officially declared guilty of an offense should not be considered a form of punishment in the absence of a trial.

What is the Background of the Manish Sisodia v. Central Bureau of Investigation Case?

• CBI has filed two chargesheets wherein the appellant (Manish Sisodia) is named and is facing trial for the offences under:
  • Sections 7, 7A, 8 and 12 of the Prevention of Corruption Act, 1988 (POC Act).
  • Sections 120B, 201 and 420 of the Indian Penal Code,1860 (IPC).
• Also, the Directorate of Enforcement (DOE) has filed a criminal complaint against the appellant for the offences under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (PML Act).
• Manish Sisodia has been in custody since 26th February 2023.
• In the present case, appellant seeks bail in the prosecutions arising from the above-mentioned provisions.

What were the Court’s Observations?

• Justices Sanjiv Khanna and SVN Bhatti observed that Rule of law means that laws apply equally to all citizens and institutions, including the State. The rule also mandates objective and fair treatment to all.
• The Court propounded that following principles must be kept in mind for the grant of bail:
  • Detention or jail before being pronounced guilty of an offence should not become punishment without trial.
  • If the trial gets protracted despite assurances of the prosecution, and it is clear that case will not be decided within a foreseeable time, the prayer for bail may be meritorious.
  • While the prosecution may pertain to an economic offence, yet it may not be proper to equate these cases with those punishable with death, imprisonment for life, ten years or more like offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, murder, cases of rape, dacoity, kidnaping for ransom, mass violence, etc.
  • The right to bail in cases of delay, coupled with incarceration for a long period, depending on the nature of the allegations, should be read into Section 439 of the Criminal Procedure Code, 1973 (CrPC) and Section 45 of the Prevention of Money Laundering Act.
  • When the trial is not proceeding for reasons not attributable to the accused, the court, unless there are good reasons, may well be guided to exercise the power to grant bail. This would be truer where the trial would take years.
• The Apex Court further observed If the trial is not concluded in a speedy manner as assured by the prosecution, Sisodia will be entitled to apply for bail again in 3 months.

What is the Rule of Law?

• The concept of the rule of law as evolved by A.V.Dicey is a fundamental principle that supports the country's legal and political system.
• It refers to a system where the law is supreme and applies equally to all individuals and institutions, regardless of their status, wealth, or power.
• The rule of law in India can be broken down into several key components:
  • Equality before the Law: In India, the rule of law ensures that every person, irrespective of their background, is subject to the same legal rules and protections. This principle ensures that justice is impartial.
  • Due Process: The rule of law requires that legal procedures must be fair, just, and transparent. It guarantees the right to a fair trial and the presumption of innocence until proven guilty. This helps protect individual rights and liberties.
  • Legal Certainty: Laws must be clear and predictable. Citizens and institutions should be able to understand and anticipate the legal consequences of their actions. This prevents arbitrary and capricious application of the law.
  • Access to Justice: The rule of law requires that all individuals have access to the legal system to seek redress for grievances and protection of their rights. This includes the availability of legal aid for those who cannot afford legal representation.