Delhi Court Sends Manish Sisodia To CBI Custody Till March 4, Says Interrogate Him At A Place With CCTV Coverage

A Delhi Court on Monday remanded Deputy Chief Minister Manish Sisodia, who was arrested yesterday by Central Bureau of Investigation (CBI) in an alleged case of corruption relating to now-scrapped excise policy, to CBI's custody till March 4.

Special CBI Judge MK Nagpal acceded to CBI's request for five days custody to question Sisodia.

Delhi Deputy Chief Minister Manish Sisodia to be produced before Rouse Avenue Court today after he was arrested yesterday by CBI in connection with the alleged Delhi liquor policy scam case. #ManishSisodia #LiquorPolicy #CBI pic.twitter.com/TfJobEy7Q8

— Live Law (@LiveLawIndia) February 27, 2023

Senior Advocate Dayan Krishnan, representing Sisodia, said he has been cooperating with the agency in probe. "Someone is not willing to say something you want to hear is no ground for remand," he argued before the court.

Krishnan also submitted that remands aren't an empty formality and that the court needs to apply its mind and see if mandate of Section 41 and Section 41A CrPC has been followed or not by the central agency. 

Senior Advocate Mohit Mathur, also appearing for Sisodia, said, "There were suggestions given by LG. Those were incorporated in policy before it came into force. It required discussions and deliberations. When there are discussions and deliberations, there is no room for conspiracy."

Senior Advocate Siddharth Aggarwal, who also represented Sisodia, questioned the timing of the arrest and said the minister has to present the budget. "This case is assault to an individual as well as the institution. Remand will send a message ... this is a fit case for declining remand," Aggarwal said.

The court in the order said Supreme Court in Arnesh Kumar Vs. State of Bihar and another or the provisions contained Under Section 41 and 41A of the Cr.P.C. do not altogether prohibit the investigating agency from arresting an accused.

"All that is incorporated in the above provisions is that the arrest of an accused should not be made unless and until the arresting officer has reasons to believe on basis of the complaint, information and other materials which have been brought to his notice that such an arrest has become necessary and one of the reasons for which the arresting officer has been given powers to arrest the accused is for proper investigation of the case, as has been provided in clause (b) of subsection (1) of Section 41 Cr.P.C," said the court

The court further said that though Sisodia had joined the investigation of this case on two earlier occasions, it has been alleged that he has failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation conducted. He has thus failed to legitimately explain the incriminating evidence which has allegedly surfaced against him in the investigation conducted so far, added the court.

"It is true that he cannot be expected to make self incriminating statements, but the interests of justice and of a fair investigation require that he should come up with some legitimate answers to the questions which are being put to him by the IO," it observed.

The court said that some of Sisodia's subordinates are found to have disclosed certain facts which can be taken as incriminating against him "and some documentary evidence against him has also already surfaced and a proper and fair investigation requires that some genuine and legitimate answers to the questions being put to him about the same are to be found".

On the apprehension of his legal team regarding the use of any force or third degree methods in extracting information, the court said it does not expect the same from the officers of CBI who have been given the task of interrogating the accused holding the high post of Deputy Chief Minister and also some other important portfolios.

"In any case such apprehensions can always be taken care of by imposing certain conditions. Hence, it also being directed that the interrogation of accused during this period shall be conducted at some place having CCTV coverage in accordance with guidelines laid down by the Hon'ble Supreme Court and the said footage shall be preserved by the CBI. It is also subject to the condition that he shall be medically examined once in every 48 hours."

The court also said Sisodia shall also be permitted to meet his advocates Mohd. Irsad and Vivek Jain for half an hour daily between 6pm to 7pm during the period of his CBI custody, in a manner that the CBI officials are not able to hear their conversations.

"Besides this, the accused shall also be permitted to meet his wife everyday for a duration of 15 minutes during the above said hour. Accused be produced before this court on the said date at 2 pm. Medicines prescribed to the accused in his MLC dated 27.02.2023 of Safdarjung Hospital are permitted to be given to him," it added.

Sisodia was arrested on Sunday after an interrogation of more than 8 hours. He was named as an accused in the FIR. It is the case of the probe agency that there were alleged irregularities in the framing and implementation of the excise policy for the year 2021-22.

According to PTI, the CBI officials said that Sisodia was arrested as he gave evasive replies and did not cooperate with the investigation despite being confronted with evidence.

On Sunday, the CBI had commenced a second round of questioning. Sisodia was earlier questioned on October 17 last year. Chargesheet in the matter was filed on November 25, 2022. 

The CBI FIR states that Sisodia and several others were instrumental in “recommending and taking decisions” regarding the excise policy 2021-22 “without approval of competent authority with an intention to extend undue favours to the licensee post tender.”\

#DelhiCourt directs that #ManishSisodiya’s interrogation during 5 days CBI remand shall be conducted at some place having CCTV coverage and shall be preserved by CBI. 

“It is also subject to condition that he shall be medically examined once in every 48 hours,” judge adds. pic.twitter.com/8OFYw8vCDS

— Live Law (@LiveLawIndia) February 27, 2023