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Synopsis

A CJI DY Chandrachud led bench of the Supreme Court today dismissed Deputy Chief Minister of Delhi, Manish Sisodia's plea challenging his arrest by the Central Bureau of Investigation (CBI) in an alleged case of corruption relating to liquor excise policy.

The bench also comprising Justice PS Narasimha held that "other efficacious remedies are available" to Sisodia. 

Senior Advocate Abhishek Manu Singhvi had mentioned the plea today in the morning before the division bench for urgent listing. The bench, at the outset, had told Singhvi that many other remedies were available to the Deputy CM, however, when Singhvi pressed on the issue saying that there were 32 different instances where the Top Court had heard such a case, the CJI had agreed to hear it today at 3.50 PM after the Constitution Bench sitting.

When the hearing commenced in the afternoon, CJI asked Sr Adv. Singhvi whether the petitioner was invoking Article 32 to challenge the concerned FIR. Sighvi, however, replied that he had moved the Top Court on the basis of Arnab Goswami's case.

To this, CJI said, "This is a very different circumstance. You have various remedies including quashing of FIR before the high court and seeking of bail!"

The Senior Advocate then argued that in the matter at hand, the FIR is of August 2022 and Sisodia was only called twice and summoned. "Per se, the arrest would be illegal because less than 7 years attracts Arnesh Kumar. There is not a single proof of any criminal interplay," he asserted. 

Singhvi added that Sisodia's arrest is illegal because he is also not at flight risk.

However, Justice Narasimha interjected stating, "Just because an incident occurs in Delhi, that doesn't mean you come before Supreme Court".

When upon inquiry, the court was informed by Sr Adv Singhvi that the FIR had been registered for offences under Section 7 of the Prevention of Corruption Act, CJI said, "This is not a case of freedom of speech of journalist. This is, after all a case of corruption! Why can't you go before Delhi High Court?"

Accordingly, court refused to entertain Manish Sisodia's plea challenging his arrest.

Yesterday, a Delhi Court had remanded Sisodia to CBI's custody till March 4.

Special CBI Judge MK Nagpal had allowed CBI's request after Sisodia was arrested on Sunday after an interrogation of more than 8 hours. 

It is CBI's case that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.  On Sunday, the CBI had commenced a second round of questioning after Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022.