The Supreme Court on Tuesday refused to entertain a plea of former Delhi Deputy Chief Minister Manish Sisodia seeking bail and quashing of the FIR in the excise policy case, saying it would set a “wrong precedent” and efficacious alternative remedies are available to him.
The bench observed that just because the incident happened in Delhi, Sisodia cannot come to the apex court directly as he has his remedies before the trial court concerned as well as the Delhi High Court.
“Since the petitioner (Sisodia) 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 petition is accordingly disposed of,” a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha said.
Senior advocate AM Singhvi, appearing for Sisodia, questioned the need of arresting the Aam Aadmi Party (AAP) leader saying policy decisions were taken at different rung and moreover, no money was recovered. He said that the Lieutenant Governor was also part of the policy decision in the excise policy.
As the apex court observed that it would not entertain the plea at this stage, Singhvi withdrew it. “You are invoking Article 32 to challenge an FIR and for bail. You have your remedies,” asked the bench. Singhvi referred to the apex court judgements in the case of journalists Arnab Goswami and Vinod Dua.
“Arnab Goswami case had travelled to this court from the Bombay High Court,” the CJI said, adding that Dua’s case was about freedom of speech and expression of a journalist and the present matter relates to the Prevention of Corruption Act. “Here, you have a full remedy available which is open to you either in the form of filing bail before the competent court or 482 (Code of Criminal Procedure) before the high court,” the bench said, adding that “it is a very wrong precedent”, saying Sisodia can move to High Court.
“This is a case involving the PC (Prevention of Corruption) Act,” the CJI said, asking, “Can you not say the same things to the Delhi High Court?”. Singhvi said the relevant roster judge in the High Court is holding charge of a PFI tribunal and 60 per cent of the time, he is not holding court as he has to hold the tribunal. “All this problem, the Chief Justice is there. You can mention it before the Chief Justice,” the CJI told Singhvi.
When the bench said it was not inclined to entertain the plea at this stage, Singhvi said he would withdraw the plea. Singhvi said the bail be decided expeditiously by the trial court. Solicitor General Tushar Mehta, appearing for the CBI, said the agency is seeking Sisodia’s remand also. Earlier in the day, the top court had agreed to hear in the afternoon itself the plea of Sisodia after Singhvi had mentioned it for urgent hearing.