#SupremeCourt to pronounce judgment today on Manish Sisodia's bail pleas in the ED & CBI cases over the liquor policy case.
A bench of Justices BR Gavai and KV Viswanathan will deliver the judgment at 10.30 AM.
Follow the thread for live updates.
A bench of Justices BR Gavai and KV Viswanathan will deliver the judgment at 10.30 AM.
Follow the thread for live updates.
Judgment is pronounced
J Gavai: We have also considered submissions on merits. after recording submissions...we have referred to order of this Court dated 30.10.2023 and June 4, 2024
#SupremeCourt #ManishSisodia
J Gavai: We have also considered submissions on merits. after recording submissions...we have referred to order of this Court dated 30.10.2023 and June 4, 2024
#SupremeCourt #ManishSisodia
J Gavai: After considering, we have observed that when petitioner approached in second round and order was passed on 4 June, a period of 7 months had elapsed. However, SG's statement was taken on record
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: This court had granted liberty to appellant to revive his prayer...now relegating back to trial court would be making him play game of snakes and ladders
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: A citizen cannot be made to run from pillar to post. June 4 order recorded that it did not go into merits. This court noted assurance of SG that investigation would be completed and chargesheet would be filed before 3 july.
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: It would be travesty of justice to relegate the appellant to trial Court. Liberty reserved by this court on 4 june to revive will have to be interpreted as reviving of prayer before this court. Not inclined to entertain preliminary objection
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: We have considered S. 45 PMLA objection. We have referred to oct 2023 judgment where it was said that delay in trial should be read into S.45. In view of long incarceration, rigors can be relaxed. Observation with regard to triple test...
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: The question is whether trial court and high court have considered delay in trial. In our view, there was ignorance of this court's order...
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Trial Court rejected appellant's contention that he did not contribute to delay. however, in one para, it recorded that...it would take 70-80 days to prepare one copy of digital unrelied documents
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Present appellant only filed 14 and 13 applications in ED and CBI cases...most were for supply of missing documents...some were for inspection. All were allowed.
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: When we specifically asked ASG to show any order where trial Court found any application to be frivolous, but not one was showed. We find that the finding of delay by appellant is not supported by record
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: It can't be expected that accused won't need reasonable time to inspect documents, including unrelied documents. In second order, this Court recorded respondent's submission that chargesheet would be filed by...
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: We find that contentions of ASG is self-contradictory. If investigation was to conclude by 03.07.2024, how could trial commence before that? There is no question of trial being concluded in 8 months of 1st order
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Incarceration of 18 months...Trial not having been even commenced, appellant has been deprived of right to speedy trial...trial Court and HC ought to have given due weightage to this.
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Art 21 applies irrespective of nature of crime. Courts have forgotten that bail ought not to be withheld as punishment. Principle bail is the rule and jail an exception...
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: It is high time that courts should recognise that jail is rule and bail an exception. in this case, 493 witnesses named. there is not remotest possibility that trial will conclude in recent future
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Keeping appellant behind bars for unlimited time will deny fundamental right. APpellant is having deep roots in society. No apprehension of fleeing. Anyway conditions can be imposed
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Insofar as tampering, most evidence is documentary. Already with ED/CBI. In the result, we ALLOW the appeals. Del HC judgment is set aside. Appellant directed to be released
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
J Gavai: Appellant shall surrender passport. Shall report to IO on every Monday. Shall not attempt to influence witness. Disposed of
#SupremeCourt #ManishSisodia
#SupremeCourt #ManishSisodia
ASG: Same conditions as in Kejriwal's case may be imposed. He shall not visit CM office and secretariat. If there is tampering, we may move for cancellation
Singhvi: very prompt judgment
J Gavai: In matters of liberty, every day counts
#SupremeCourt #ManishSisodia
Singhvi: very prompt judgment
J Gavai: In matters of liberty, every day counts
#SupremeCourt #ManishSisodia
ASG: Sisodia may not attend CM office, Secretariat
J Gavai: Not inclined to say that
#SupremeCourt #ManishSisodia
J Gavai: Not inclined to say that
#SupremeCourt #ManishSisodia
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