No relief for Manish Sisodia from Supreme Court in Delhi Excise Policy case

The Supreme Court on Tuesday refused to entertain the plea filed by Deputy Chief Minister of Delhi, Manish Sisodia challenging his arrest by the Central Bureau of Investigation (CBI) in the alleged Delhi Excise Policy scam..A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha said that it cannot intervene merely because the incident has happened in Delhi. "What will happen is we will asked to be interfere in every such case.. we cannot intervene in this," CJI Chandrachud said."Just because an incident happens in Delhi does not mean this case will come to the Supreme Court," said Justice Narasimha.The Court said that Sisodia has alternative remedies, therefore, rejected the plea."Since the petitioner has efficacious alternate remedies available under the provisions of the Code of Criminal Procedure 1973, we are not inclined to entertain the petition under Article 32 of the Constitution, at this stage", the order said..A Delhi court had, on Monday, remanded Sisodia to CBI custody till March 4 in the case after he was arrested on Sunday evening in connection with the 2021 Excise policy.Sisodia was arrested by the Central Bureau of Investigation (CBI) after an interrogation that lasted nearly eight hours.It has been alleged that Sisodia and other members of the Aam Aadmi Party (AAP) granted liquor licenses to certain traders in exchange for bribes.The Enforcement Directorate (ED) and CBI registered cases in relation to the alleged scam after Delhi Lieutenant Governor (LG) VK Saxena recommended a CBI probe based on a report by the Delhi Chief Secretary. The report claimed that the Deputy Chief Minister violated statutory provisions and notified a policy that had significant financial implications.Although Sisodia was not named in the CBI's chargesheet, the probe remained open against him and some others. The AAP has denied the allegations and maintained that Sisodia is innocent..When the matter came up for hearing today, the bench said that Sisodia has an alternative remedy before the High Court.It also sought to distinguish the present case from the judgments passed by the apex court in Vinod Dua case and Arnab Goswami case. "You have full remedy in form of bail before Delhi High Court. The Vinod Dua case was of a journalist facing a case of sedition after a statement on COVID 19 issue and Arnab was also a different case," the Court said.Senior Advocate Abhishek Manu Singhvi, appearing for Sisodia, pointed out that the first information report in the case was registered way back in August 2022 and that Sisodia had cooperated with the probe. "This is for an FIR if August 2022, and for this FIR Manish Sisodia was summoned only twice and he attended it," he said.Singhvi also said that Sisodia is a minister with roots in the society and not a flight risk and hence the triple test laid down in Arnesh Kumar judgment has to be satisfied."As in Arnesh Kumar case there is absolute necessary of arrest when there is triple test satisfied., like flight risk, evidence tampering ..etc. I am established in society and I hold 18 portfolios," it was submitted.Regarding the excise policy itself, it was argued that the policy was approved by the LG himself."This is multi level approval case of excise policy.. even LG has approved it," Singhvi said. The bench was, however, not impressed and refused to entertain the petition. .Read more about the case and allegations here..[Read order]