Delhi Excise Scam: Setback for Sisodia As SC Dismisses His Bail Plea, Asks Dy CM to Move HC

The Supreme Court on Tuesday declined to entertain Delhi Deputy Chief Minister Manish Sisodia’s bail plea against CBI arrest in the excise policy scam case and asked him to move High Court as “alternate remedies” were still available to him.

A bench headed by Chief Justice D Y Chandrachud heard arguments by Senior Advocate Abhishek Manu Singhvi, appearing for Sisodia, who is currently in CBI custody, and Solicitor General Tushar Mehta representing the Central Bureau of Investigation.

The CJI noted that the case was filed under the Prevention of Corruption Act and observed that the jailed AAP leader has remedies under the Code of Criminal Procedure (CrPC) to move the Delhi High Court for bail.

Delhi’s Rouse Avenue Court sent Delhi Deputy Chief Minister Manish Sisodia to the custody of Central Bureau of Investigation (CBI) till March 4. During his arrest, he will remain under constant CCTV monitoring and will be allowed to meet his wife and his lawyer daily.

On Tuesday, Sisodia moved Supreme Court against the Delhi court’s order. The plea alleges that Sisodia had cooperated in the investigation and the arrest is illegal. The plea further says that remaining silent cannot be grounds to arrest.

Sisodia was sent to CBI custody in the excise policy case to allow the agency to get “genuine and legitimate” answers to questions being put to him for “a proper and fair investigation”, the court said on Monday.

The AAP leader was presented before the court amid heavy security in and outside the Rouse Avenue Court’s premises a day after arresting him. Special judge M K Nagpal passed the order on a CBI plea, in which it had sought his five-day custodial interrogation.

Here top points regarding Manish Sisodia’s arrest:

• CBI has filed only one charge sheet in the excise policy case against Manish Sisodia so far, on November 25 last year. According to CBI, a South Group allegedly made an upfront payment of Rs 100 Crore to AAP’s social media publicist Vijay Nair, who is said to be Sisodia’s close aide.
• On Tuesday, Sisodia moved Supreme Court against the Delhi court’s order. Sisodia’s legal mentioned the matter and SC agreed to hear at after the board at 3:50 pm. The plea alleges that Sisodia had cooperated in the investigation and the arrest is illegal. The plea further says that remaining silent cannot be grounds to arrest.
• A bench headed by Chief Justice D Y Chandrachud noted that the case against Sisodia was under Prevention of Corruption Act and observed, “we are inclined not to entertain this petition under Article 32 at this stage.”
• The bench further said, “interfering directly would result in setting up a wrong precedent.”
• The CBI alleges that the entire new excise policy was designed to aid the South Group, which comprises of Andhra Pradesh MP and YSR Congress leader Magunta Srinivasulu Reddy, his son Raghav Magunta, Telangana MLC and BRS leader Kalvakuntla Kavitha, and businessman Sarath Reddy, the promoter of Aurobindo Group.
• CBI investigation has shown that the excise policy was framed in a way to promote cartalisation and monopoly. The probe agency says it has evidence to prove that between July and September 2021, Rs 20 to 30 crore were paid to Vijay Nair by accused Abhishek Boinpally via accused-turned-approver Dinesh Arora.
• During his 5-day CBI custody till March 4, Sisodia remain under CCTV monitoring at all times, and a recording will be kept. Every 48 hours, his medical test will also take place and he has been allowed to take his medications.
• Manish Sisodia can meet his lawyer every day between 6 and 7 pm, and can also meet his wife for 15 minutes daily. Court said the interests of justice and of a fair investigation require him to come up with some legitimate answers to the questions which are being put to him by the investigating officer (IO).
• Addressing apprehensions being expressed by senior counsels regarding the use of any force or third-degree methods for extracting information from the accused are concerned, the court said, “This court does not expect the same from the officers of CBI who have been given the task of interrogating the accused holding the high post of Dy. Chief Minister of the GNCTD and also some other important portfolios”.
• The inauguration of the Ashram flyover extension scheduled for Tuesday has been postponed in light of Sisodia’s arrest. Chief Minister Arvind Kejriwal was supposed to inaugurate it on Tuesday.
• The CBI on Sunday evening arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped liquor policy for 2021-22.
• During his hearing, Sisodia claimed that there was no evidence against him and opposed the CBI’s plea for his remand.
• AAP leaders termed Sisodia’s arrest “dirty politics” while accusing the BJP and the Union government of hatching a conspiracy to trap him and demanded that former LG Anil Baijal also be probed since he had approved the excise policy.
• Reacting to AAP’s statements, BJP spokesperson Gaurav Bhatia claimed that the “kattar beimaan party” (hardcore dishonest party) respects neither courts nor laws or people.

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