'Go to Delhi HC': SC refuses to entertain Sisodia's plea against CBI arrest

The bench observed that just because the incident has happened in Delhi, Sisodia cannot come to the apex court directly

The Supreme Court on Tuesday declined to entertain a writ petition filed by Delhi's Deputy Chief Minister Manish Sisodia challenging his arrest by the CBI in liquor scam case, arising out of scrapped excise policy.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said it would set a very wrong precedent, if it entertained the plea just because the incident had happened in Delhi.

The court said the petitioner can approach the Delhi High Court to avail the efficacious remedy.

Appearing for Sisodia, senior advocate A M Singhvi pointed out to the court that it had earlier intervened in the cases of Arnab Goswami and Vinod Dua.

"We are not saying we are bereft of power," the bench said, adding the case of Arnab Goswami had travelled to the Supreme Court after the Bombay High Court's judgement. The facts and circumstances of Vinod Dua case during the Covid-19 were also different, the bench added.

The court had earlier agreed to hear the matter on Tuesday.

The court had then also shown its disinclination to consider the matter, saying that it had entertained the other day a similar writ petition filed by Congress leader Pawan Khera as it sought clubbing of multiple FIRs.

Sisodia was arrested on February 26.

During the hearing, Singhvi said the roaster judge before the Delhi High Court could not sit most of the times as he is also involved in tribunal set under the Unlawful Activities Prevention Act. On this, the bench suggested the matter should be mentioned before the Chief Justice.

Singhvi also contended Sisodia has appeared before the investigating agency and there was no occasion for it to arrest him.

On Monday, special judge M K Nagpal remanded Sisodia to CBI custody for five days till March 4 for "further and extensive interrogation".

CBI claimed the investigation has revealed that Sisodia verbally directed the Secretary to put a new cabinet note to bring about the change and variance in the liquor policy.

He was heading the Group of Ministers constituted by the Cabinet for the Excise Policy. The profit margin was enhanced from 5 per cent to 12 per cent. He could not explain why the changes were made, it alleged.