The Supreme Court bench observed that just because the incident happened in Delhi, Sisodia cannot come to the apex court directly.
Manish Sisodia. (Creative Commons)
The Supreme Court on Tuesday, 28 February, refused to entertain the bail plea of the former Delhi deputy chief minister Manish Sisodia, who was remanded in CBI custody in connection with the Delhi liquor scam case.
“We are not inclined to entertain the petition under Article 32 at this stage,” a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha said.
The bench observed that just because the incident happened in Delhi, Sisodia cannot come to the apex court directly as he has his remedies before the trial court concerned as well as the Delhi High Court.
Meanwhile, Manish Sisodia, and Satyendar Jain — who was arrested by the Enforcement Directorate (ED) in a money laundering case — have resigned from the Delhi Cabinet. According to some reports, Arvind Kejriwal has accepted their resignation.
Manish Sisodia handled 18 ministries in the Delhi Cabinet of the Aam Aadmi Party (AAP), including the health portfolio which was earlier held by Satyendar Jain. Jain was arrested 10 months ago.
Following the order from the apex court, the AAP is likely to move the Delhi High Court seeking bail.
Senior advocate AM Singhvi, appearing for Sisodia, questioned the need of arresting the AAP leader, saying policy decisions were taken at different rungs and, moreover, no money was recovered.
He also said that the Lieutenant Governor was also part of the decision in the formulation of the excise policy.
As the apex court observed that it would not entertain the plea at this stage, Singhvi withdrew it.
Sisodia was arrested on Sunday evening by the CBI after questioning him for around eight hours. On Monday, 27 February, a special CBI court in Delhi remanded him in five-days custody of the central probe agency till 4 March.
One of the accusations against Sisodia is that he colluded with the so-called “South Group” to tailor the Delhi excise policy to their requirements.
According to the CBI and the Enforcement Directorate (ED), the South Group paid the AAP leaders ₹100 crore in kickbacks.
The South Group, according to the ED, comprised BRS MLC K Kavitha, YSRCP MP Magunta Srinivasulu Reddy, his son Raghava Reddy and others.
Sisodia, through his counsel, claimed that there was no evidence against him and opposed the CBI’s plea for his remand.
“I am the finance minister. I have to present the budget…. what changed yesterday that the finance minister was to be placed under custody? Was he not available for the next few days? Or was this arrest done for an ulterior motive? This case is an assault on an individual as well as the institution. Remand will send a message, this is a fit case for declining remand,” Sisodia told the court.
He submitted that he acted as a member of the Delhi government and hence the decision could neither be attributed to him nor questioned.
Sisodia claimed that he had no role in the case but the probe showed he personally took decisions, the CBI submitted.
Sisodia’s counsel, while opposing the probe agency’s plea for custody, submitted that the CBI said he changed his cellphones, but that was not a crime.
Counsel said the policy was implemented after taking suggestions even from the Delhi lieutenant governor and that since it required consultations, there was no chance of conspiracy.
“I have tried to keep everything open,” he said.
Hitting out at the AAP government over the now-scrapped Delhi excise policy, the BJP on Tuesday said it will raise awareness on the “conspiracy” that was hatched to “toy” with the future of youths in Delhi by allowing the “proliferation” of liquor vends.
Addressing a press conference at the BJP headquarters, the party’s national spokesperson Sudhanshu Trivedi said the “proponents of new politics” didn’t even refrain from taking steps that would have drowned Delhi youths in a state of inebriation.
He said the party has decided to raise awareness on the issue, as “for us, it is not just an issue of corruption”, but is also about the “future of youths in Delhi”.
(With PTI inputs)
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