This week in Indian law: The Supreme Court granted bail to Manish Sisodia after 17 months of incarceration without trial. The Waqf Amendment Bill was introduced and referred to JPC. RBI held the repo rate for the ninth time. Parliament passed the Aviation Bill. 12 significant legal developments this week across criminal law, legislative policy, and regulatory updates.
Top story
Supreme Court Grants Bail to Manish Sisodia in Excise Case
Category: criminal-law | Date: 9 August 2024 | Source: Supreme Court of India
A Bench of Justice B.R. Gavai and Justice K.V. Viswanathan granted bail to Manish Sisodia, former Deputy Chief Minister of Delhi, in both the ED (PMLA) and CBI (Prevention of Corruption Act) cases arising from the Delhi excise policy. The Court held that continued incarceration extending beyond seventeen months, without commencement of trial and with over 400 prosecution witnesses cited, violated the fundamental right to liberty under Article 21.
Why it matters: This judgment reinforces constitutional limits on pre-trial detention in PMLA cases. The emphasis on the absence of a trial timeline as a decisive factor provides a concrete, measurable benchmark for bail applications in economic offences involving prolonged incarceration.
Read more: Veritect analysis
Court judgments
Sisodia Bail: Article 21 Prevails Over PMLA Twin Conditions
Court: Supreme Court of India | Bench: Justice B.R. Gavai, Justice K.V. Viswanathan | Date: 9 August 2024
The Court found the Section 45 PMLA twin conditions satisfied, noting prolonged custody, the accused's community roots, and absence of evidence tampering allegations. The Court observed that continued custody transformed pre-trial detention into punitive incarceration. Parity with co-accused already on bail was also noted.
Key point: Defence practitioners in PMLA matters should build bail applications around the Article 21 framework: demonstrate the gap between custody duration and any realistic trial completion date.
Legislative and policy developments
Waqf Amendment Bill 2024 Introduced and Referred to JPC
Date: 8 August 2024 | Source: PRS Legislative Research
The Waqf (Amendment) Bill, 2024 was introduced in the Lok Sabha and referred to a Joint Parliamentary Committee amid intense opposition. The Bill proposes changes to the composition of Waqf Boards, verification procedures for Waqf properties, and the inclusion of non-Muslim members in certain oversight roles.
Key point: The JPC referral means the Bill will undergo detailed examination and stakeholder consultations before returning to Parliament — practitioners advising Waqf institutions should prepare detailed submissions.
Parliament Passes Bhartiya Vayuyan Vidheyak
Date: 9 August 2024
Parliament passed the Bhartiya Vayuyan Vidheyak 2024, replacing the Aircraft Act, 1934. The new legislation modernises the regulatory framework for civil aviation, drone operations, and air safety — the first comprehensive update to aviation law in nine decades.
Key point: Aviation law practitioners should note the new regulatory framework for drones, unmanned aircraft systems, and revised safety compliance requirements under the updated statute.
Regulatory updates
RBI Holds Repo Rate at 6.50% for Ninth Consecutive Meeting
Regulator: RBI | Date: 8 August 2024 | Source: RBI
The Monetary Policy Committee held the repo rate unchanged at 6.50% for the ninth consecutive meeting, maintaining the prolonged pause that began in February 2023. The MPC retained its stance of withdrawal of accommodation while flagging food inflation as a continuing concern.
Key point: Financial sector practitioners should note the increasingly prolonged hold — the duration signals the MPC's caution on inflation despite growing calls for rate cuts to support economic growth.
Also this week
- Budget Session concludes — Parliament adjourned on August 9, with the Waqf Bill as the most contentious legislation of the session.
- Finance (No. 2) Bill passed — Capital gains tax reforms and indexation changes enacted into law.
- Kolkata hospital incident — A trainee doctor was found murdered at R.G. Kar Medical College on August 9; SC suo motu cognizance came later on August 20.
- BNS implementation update — Six weeks into the new criminal laws, state police forces report varying levels of readiness and training completion.
By the numbers
- 17 months — Duration of Sisodia's pre-trial incarceration before bail was granted
- 400+ — Prosecution witnesses cited in the excise policy case
- 6.50% — Repo rate held unchanged for the ninth consecutive MPC meeting
- 90 years — Age of the Aircraft Act 1934, now replaced by the Bhartiya Vayuyan Vidheyak
Looking ahead
- Mid-August: SC expected to take suo motu cognizance of the Kolkata hospital incident
- August 15: Independence Day — courts closed
- Late August: Post-Budget regulatory activity expected from SEBI and RBI
This is the Veritect Weekly Legal Roundup for Week 32 of 2024. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.