Sisodia moves Supreme Court challenging his arrest by CBI, CJI to hear matter today

Manish Sisodia was arrested on February 26 by the Central Bureau of Investigation in the Delhi excise policy case

The Supreme Court agreed to urgently hear on February 28 at 3.50 p.m. a petition filed by Delhi Deputy Chief Minister Manish Sisodia challenging his arrest by the Central Bureau of Investigation in the Delhi excise policy case.

Chief Justice of India D.Y. Chandrachud initially asked senior advocate AM Singhvi why he cannot approach the Delhi High Court.

“You have your remedies under Section 482 CrPC [to quash the case] before the HigCourt…” the Chief Justice observed.

The CJI said it had recently intervened in Pawan Khera’s petition for relief as it had pertained to the clubbing and transferring of multi-State FIRs to one jurisdiction as has been directed in the Arnab Goswami case judgment.

Mr. Singhvi, who made the mentioning for early listing, referred to the apex court’s 2021 judgment in the Vinod Dua case.

The 2021 verdict had referred to earlier precedents of the court in Lalita Kumari and P. Sirajuddin cases which had directed “that an arrest of a public servant could be effected only after approval of the appointing authority and that of a non-public servant could be effected only after approval by the Special Superintendent of Police”.

At the first, the CJI said the Bench would take up the case immediately after the mentioning hour in the morning. However, shortly therwafter, the court said it had a Constitution Bench session and the petition would be heard at 3.50 p.m.