Sisodia failed to provide satisfactory answers, explain evidence: Court

Sisodia was arrested on Sunday in connection with the alleged irregularities in Delhi’s now-scrapped 2021-22 liquor policy

Deputy chief minister Manish Sisodia failed to provide satisfactory answers to the Central Bureau of Investigation (CBI)’s questions and explain the incriminating evidence allegedly against him, a special court observed on Monday while remanding him in the federal agency’s five-day custody.

Delhi deputy chief minister Manish Sisodia being taken to court. (PTI)

Sisodia was arrested on Sunday in connection with the alleged irregularities in Delhi’s now-scrapped 2021-22 liquor policy.

In his order, special judge M K Nagpal noted Sisodia cannot be expected to make self-incriminating statements, but the interest of justice and a fair investigation requires him to come up with some legitimate answers to the questions.

The court said Sisodia’s custodial interrogation was required as his subordinates have “disclosed certain incriminating facts against him”. It added certain documentary evidence has also surfaced.

“...thus, for a fair investigation, some genuine answers to the questions being put to him would be required.”

The court cited the probe into the case and said Sisodia is alleged to have played an active role in the commission of the alleged offences.

Sisodia’s lawyers Dayan Krishnan, Mohit Mathur, and Siddharth Aggarwal opposed the remand saying the arrest was made is in violation of norms.

They submitted Sisodia cannot be remanded in custody merely for the purpose of recording his confessional statements as he has the right against self-incrimination.

The court referred to the apprehension regarding the use of force and third-degree torture to extract information and said it does not expect the CBI to do so.

It added Sisodia’s interrogation will be conducted under CCTV coverage and the footage of the same will be preserved.

The court directed Sisodia to be medically examined every 48 hours. It added he will be allowed to meet his lawyers every day for half an hour in presence of CBI officials. The court also allowed Sisodia to meet his wife daily for 15 minutes.

The 2021-22 liquor policy was scrapped when former lieutenant governor VK Saxena asked for an investigation over alleged irregularities.

Sisodia has not been named in three charge sheets in the case even as he is the primary accused in the First Investigation Report.

Federal agencies have claimed Sisodia was the architect of the now-scrapped excise policy and ₹100 crore alleged kickbacks were paid to favour certain liquor manufacturers and wholesalers.

Sisodia is the second and the senior-most minister of the Delhi government to be arrested. He was summoned for questioning on Sunday before his arrest.

Special public prosecutor Pankaj Gupta, who appeared for the CBI in the special court, cited specific oral and documentary evidence against Sisodia and said they substantiate the allegations that Sisodia played a key role in the scam.

The CBI, which has alleged Sisodia destroyed certain evidence, argued the agency was forced to arrest him as he was not allegedly cooperating in the investigation and giving evasive replies. It sought five-day custodial remand to conduct a fair investigation.

Sisodia’s lawyers argued the contention that he manipulated the excise policy is false and fabricated as Saxena approved it.