Delhi Excise policy scam: SC refuses to entertain plea; asks Sisodia to move HC; Dy CM withdraws petition
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The Supreme Court on Tuesday refused to entertain a petition filed by Manish Sisodia, Deputy Chief Minister of Delhi, for quashing of the FIR or in the alternative, grant him bail from CBI custody, challenging the arrest by the Central Bureau of Investigation (CBI) in an alleged case of corruption relating to the now-scrapped excise policy.
The apex court said that he must move the trial court or the Delhi High Court for the reliefs he is seeking from the Supreme Court.
The bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha said that Sisodia has alternative remedies available before the High Court and asked him to pursue them instead of directly invoking the jurisdiction of the Supreme Court under Article 32 of the Constitution.
You are challenging an FIR, challenging remand, seeking bail, all under Article 32. You have remedies before the High Court under Section 482 CrPC", CJI Chandrachud told Senior Advocate Dr Abhishek Manu Singhvi at the outset.
Sisodia has now withdrawn his petition.
Also Read:Manish Sisodia sent to 5-day CBI custody in liquor policy case
Singhvi referred to the cases of Arnab Goswami and Vinod Dua to say that Article 32 can be invoked for bail in exceptional circumstances.
CJI replied that Arnab Goswami was a case which came to the Supreme Court after High Court and Vinod Dua was a case relating to FIRs against a journalist for making critical reports, whereas the present case is one under the Prevention of Corruption Act.
Singhvi also referred to the order in Jagisha Arora case where the Court allowed bail to journalist Prashant Kanojia in a writ petition filed against a remand order. He argued that in the present case, the remand is not at all warranted.
The offence is punishable, is less than 7 years, there is no flight risk and he has complied with all summons.
"How can you arrest when he has appeared on all occasions? Where is the flight risk?", he asked. Singhvi said that the remand is sought on the ground that Sisodia is not cooperating.
Does cooperation mean that one should waive the right against self-incrimination, the senior counsel asked.
When the CJI asked why can't these arguments be raised before the Delhi High Court, Singhvi replied that the roster judge of the Delhi High Court is not holding sittings on most days as he is involved with the work as UAPA Tribunal in the PFI case. However, the bench was unmoved by this submission.
The 2-judge bench specially assembled at 3.50 PM after the Constitution Bench hearing in the Shiv Sena case to hear this matter and the Punjab Governor case. CJI agreed to hear the matter today itself after Singhvi made an urgent mention today morning.
A Delhi Court had remanded Sisodia to CBI's custody till March 4. Special CBI Judge MK Nagpal had acceded to CBI's request for five days custody to question Sisodia.
Sisodia was arrested on Sunday after an interrogation of more than 8 hours. He was named as an accused in the FIR.
According to PTI, the CBI officials said that Sisodia was arrested as he gave evasive replies and did not cooperate with the investigation despite being confronted with evidence.
The CBI FIR states that Sisodia and several others were instrumental in “recommending and taking decisions” regarding the excise policy 2021-22 “without approval of competent authority with an intention to extend undue favours to the licensee post tender.”
It is the case of the probe agency that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.
On Sunday, the CBI had commenced a second round of questioning. Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022.
