New Delhi, Feb 28 (PTI) Former law minister Ashwani Kumar on Tuesday claimed that Aam Aadmi Party (AAP) leader Manish Sisodia’s remand for custodial interrogation by the CBI is in “bad in law”.
“It negates the libertarian philosophy of the Constitution and the Supreme Court’s established jurisprudence that bail is the rule and jail an exception,” the former Congress leader said.
Deputy Chief Minister Sisodia was arrested by the CBI on Sunday evening in connection with alleged corruption in the formulation and implementation of the now-scrapped Delhi liquor policy for 2021-22. He resigned from the Cabinet on Tuesday evening.
“The incarceration of Sisodia for custodial interrogation is in the face of recent Supreme Court decisions that scoff at a routine incarceration of accused persons,” Kumar said in a statement.
The former Rajya Sabha MP also said Sisodia’s remand is in derogation of the Constitutional principle that justice should not only be done but should also be seen to be done.
Considering that investigations in the case have been on since last year and Manish Sisodia was not arrested for long, “the need for custodial interrogation at this stage is highly suspect”, Kumar said.
Sisodia’s remand for custodial interrogation by the Central Bureau of Investigation (CBI) is in the overall circumstances of the case “bad in law”, he said.
Kumar said evidently, even on a prima facie basis, a case of corruption cannot be founded on the basis of inferential deductions. Such an approach is impermissible on principles of criminal jurisprudence, the former law minister said.
He said Constitutional freedoms are only as meaningful as the earnestness with which these are protected by the institutions of a democratic State.
“The superior courts are, therefore, called upon to vindicate their custody of the Constitution by enforcing the right to liberty in concrete cases brought before them. The Sisodia case could be one such opportunity considering the totality of circumstances and the politics of it,” he observed.
The Supreme Court on Tuesday refused to entertain the bail plea of Sisodia, who is in CBI custody in connection with the excise policy case.
“We are not inclined to entertain the petition under Article 32 at this stage,” a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said.
The bench observed that just because the incident has 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.
Senior advocate Abhishek Singhvi, appearing for Sisodia, questioned the need of arresting the AAP leader saying policy decisions were taken at different rung and moreover, no money was recovered. PTI SKC SKC ANB ANB
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