A day after Rouse Avenue Court in Delhi remanded Aam Aadmi Party (AAP) leader Manish Sisodia to 5 days in CBI custody, the Supreme Court turned down his plea for interim protection in the liquor policy scam case.
The matter came up for hearing before a 2-Judge Bench of Chief Justice DY Chandrachud and Justice P. S. Narasimha. When the counsel for Manish Sisodia, Dr Abhishek Manu Singhvi tried to rake up the cases of journalists Vinod Dua and Arnab Goswami, the apex court refused to entertain the line of argument.
CJI: you have full remedy in form of bail before Delhi HC, 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 @msisodia @ArvindKejriwal @AamAadmiParty
— Bar & Bench (@barandbench) February 28, 2023
#ManishSisodia #ExcisePolicyCase
The Chief Justice of India noted, “You have full remedy in form of bail before Delhi HC, 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
“Just because an incident happens in Delhi does not mean this case will come to the Supreme Court”, added Justice P.S. Narasimha.
Justice PS Narasimha: Just because an incident happens in Delhi does not mean this case will come to the Supreme Court @msisodia @ArvindKejriwal @AamAadmiParty
— Bar & Bench (@barandbench) February 28, 2023
#ManishSisodia #ExcisePolicyCase
CJI DY Chandrachud emphasised that Manish Sisodia has been booked under the Prevention of Money Laundering (PMLA) Act and that it cannot be conflated with the case of ‘journalist’ Vindo Dua, where freedom of speech and expression was at stake.
CJI: This is a case under the prevention of corruption act. this case is different..
— Bar & Bench (@barandbench) February 28, 2023
Singhvi: but under 7 years..@msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase #CJIDYChandrachud
The CJI stated that the Delhi Deputy CM has alternate remedies and that the apex court is not inclined to entertain the petition. “Petitioner has efficacious alternate remedies.. we are not inclined to entertain this under Article 32 (right to constitutional remedies),” he added.
Singhvi: I will withdraw this/ Please direct the bail to be decided expeditiously
— Bar & Bench (@barandbench) February 28, 2023
CJI led bench rises @msisodia @ArvindKejriwal @AamAadmiParty
#ManishSisodia #ExcisePolicyCase #CJIDYChandrachud
The Background of the Case
On Monday (February 27), a Delhi court remanded Deputy Chief Minister Manish Sisodia to 5 days in Central Bureau of Investigation (CBI) custody in connection to the liquor policy scam case.
A day earlier, the Aam Aadmi Party (AAP) leader appeared for questioning at the CBi office in Delhi and was eventually arrested by the central agency.
Delhi Excise Policy 2021-2022 was first proposed in September 2020 but came into effect only in November 2021. It changed the manner in which alcohol was being sold in the National Capital.
Moreover, it Introduced private players in the market and marked the exit of government-owned liquor vendors. While the objective of Excise Policy 2021-2022 was to end black marketing and the liquor mafia, the Delhi government soon came under fire over allegations of corruption.
Chief Secretary of Delhi, Naresh Kumar, found irregularities and procedural lapses in the new liquor policy. Lieutenant Governor VK Saxena ordered a CBI probe on the recommendation of Naresh Kumar.
Manish Sisodia waived off ₹144.36 crores on the license fee, to be paid by the private liquor vendors, under the garb of the Coronavirus pandemic. Incurred loss to the Excise Department and benefitted liquor licensees by waiving the import pass fee of ₹50 per beer case.
All these changes were made without the final approval of the Lieutenant Governor and thus considered illegal under the Delhi Excise Rules of 2010 and Transaction of Business Rules of 1993.
Thus, the Delhi government made a U-turn on its new excise policy in July 2022. A month later, CBI booked Manish Sisodia, ex-Only Much Louder (OML) CEO Vijay Nair and 13 others in an FIR for irregularities in the implementation of the Delhi Excise Policy 2021-2022.
