NEW DELHI: In a setback to Manish Sisodia, who resigned from his post as deputy chief minister, and his Aam Aadmi Party, the Supreme Court on Tuesday dismissed his petition seeking either quashing of the FIR in the alcohol policy case or grant of bail, and said he needs to move the trial court or Delhi high court looking for the twin reliefs.The disappointment for Sisodia was accompanied by CBIs assertion that it would seek extension of his five-day custody for interrogation.Though the SC given hearing to Sisodia within six hours of approaching the court, a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha didnt appear persuaded at any phase of the 10-minute hearing to accept the deputy CMs plea for release from CBI custody.
We are not inclined to entertain the petition looking for quashing of FIR and bail as you have your solutions, the bench stated as Sisodias counsel, senior supporter A M Singhvi, pointed out instances of reporters bail plea having actually been amused straight by the SC and argued that Sisodia who handled 18 portfolios, was a victim of a mala fide arrest.The SCs firmness to make Sisodia follow the hierarchy of judicial forums for relief forced Singhvi to ask for withdrawal of the plea to approach the HC.
The SC said it was dismissing the petition as it was not inclined to amuse it at this phase .
This is a case under the Prevention of Corruption Act.
Can you not make the same arguments before the Delhi HC, which is readily available to you as a forum to look for comparable reliefs? Go to the HC, which is bound by our judgments, the bench stated.
You can raise all these arguments prior to the skilled court.
Otherwise, what will take place is that we will be the very first online forum for amusing bail petitions.
An event taking place in Delhi, does not suggest you will rush to the Supreme Court, it added.When Singhvi requested the bench to direct the HC to expeditiously hear the bail plea, solicitor general Tushar Mehta, standing for the CBI, opposed it and stated Sisodia can make the request before the HC.
We are seeking extension of (five-day) custodial remand period (granted by the trial court), he said.At the outset of the hearing, Singhvi had actually pointed out the SC buying release of TV anchor Arnab Goswami and giving security from arrest to the late Vinod Dua to validate Sisodia approaching the SC directly.
The CJI-led bench stated that the cases were not similar.
Arnab travelled to this court from a judgment of the Bombay HC.
Of course, we have the power to captivate your petition.
In Duas case, the SC had exercised its power as it related to flexibility of expression where a reporters rights to reveal himself about the handling of the pandemic were looked for to be cut by the sedition law.
Those were really different circumstances.
Here, you have the full remedy of moving the competent court and the Delhi HC.
We ought to not be interfering in that procedure, it said.Singhvi argued, Sisodia was required questioning only two times, which he had actually gone to in connection with an FIR registered in August in 2015.
Per se, the arrest would be illegal as the charge versus him is punishable with less than 7 years jail time, mandating the CBI to give notice for arrest under Section 41A of Criminal Procedure Code (CrPC).
It was not offered.
He is not a flight danger, as he holds 18 portfolios in Delhi government.
There was no interference by him in the examination.
The excise policy was chosen after the files took a trip through 7 levels, consisting of concurrence of the [Delhi] lieutenant guv.
So, he can not be the decision-making authority, he stated.