New Delhi: The Supreme Court on Tuesday, February 28, refused to hear a plea by Delhi deputy chief minister Manish Sisodia against the decision by a Central Bureau of Investigation (CBI) court to send him to remand until March 4 in connection with the alleged Delhi liquor scam.
A two-judge bench led by Chief Justice D.Y. Chandrachud, instead, asked Sisodia to pursue alternative remedies, by first approaching a trial court and then the Delhi high court before knocking on the doors of the apex court.
“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 Sisodia’s counsel, Abhishek Manu Singhvi, according to LiveLaw.
Singhvi sought to drive home the point that Article 32 (right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived) can be invoked and said the same was done in the Arnab Goswami and Vinod Dua cases. The court, however, was not convinced by Singhvi’s arguments and told him that he can approach the apex court after he has exhausted all other alternative options. CJI Chandrachud said just because the case falls in Delhi, Sisodia cannot move the Supreme Court directly and asked Singhvi why these points can’t be raised before the Delhi high court instead.
Singhvi, in response, said that the roster judge hearing the matter at Delhi high court was busy with work of the Unlawful Activities (Prevention) Act (UAPA) Tribunal in the Popular Front of India (PFI) case and was not holding sittings on the matter. The apex court, however, was still not convinced.
On the other hand, Singhvi also questioned the rationale behind arresting Sisodia, stating that the latter had complied with all the summons issued and there was no flight risk. “How can you arrest when he has appeared on all occasions? Where is the flight risk?” he asked, refusing to believe the CBI that Sisodia is not cooperating with the investigation.
The Delhi deputy chief minister was arrested on Sunday, February 26, after eight hours of interrogation. He was sent to five-day CBI remand by a special court in the case on Monday, February 27. The special court said this was to allow the agency to get “genuine and legitimate” answers to questions being put to him for “a proper and fair investigation”, Indian Express reported.
According to the FIR filed by the CBI, Sisodia and several others were instrumental in “recommending and taking decisions” regarding the excise policy 2021-22 “without the approval of competent authority with an intention to extend undue favours to the licensee post tender”, LiveLaw reported.