The Supreme Court on Tuesday declined to entertain a plea by arrested Delhi Deputy Chief Minister Manish Sisodia challenging his arrest by the CBI in an alleged case of corruption in now-withdrawn Delhi liquor policy.
A bench of Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha told senior advocate Abhishek Manu Singhvi, representing Sisodia, that his client has alternative remedies available before the Delhi High Court and stressed that he must move either the trial court or the high court for the relief he is seeking from the apex court.
The bench also pointed out that this is a case involving the Prevention of Corruption Act and it would not interfere directly ,adding that an efficacious alternate remedy is available. "It will set a very wrong precedent... Just because an incident occurs in Delhi, we can't entertain it here directly," said the bench.
It further pointed out Sisodia is challenging an FIR, challenging remand, seeking bail, all under Article 32. "You have remedies before the High Court under Section 482 CrPC," the bench told Singhvi.
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Singhvi referred to the cases of Arnab Goswami and Vinod Dua to say that Article 32 can be invoked for bail in exceptional circumstances. The Chief Justice replied that Goswami's case came to the apex court after the high court, and in Dua's case, it was FIRs against a journalist for critical reports.
Singhvi further contended that the roster judge of the Delhi High Court is not holding sittings on most days as he is involved with the work as UAPA Tribunal in the PFI case. The Chief Justice said the matter could be mentioned before the Chief Justice of the high court.
Singhvi argued that how could they arrest Sisodia when he has appeared on all occasions, and where is the flight risk? However, the apex court declined to entertain the plea.
