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A court in New Delhi on Monday sent Delhi deputy Chief Minister Manish Sisodia to five-day Central Bureau of Investigation remand in the excise policy case to allow the agency to get "genuine and legitimate" answers to questions being put to him for "a proper and fair investigation".
Special judge MK Nagpal passed the order on a CBI plea, which produced the Aam Aadmi Party leader before the court amid heavy security in and outside the Rouse Avenue Courts premises a day after arresting him. The agency had sought his five-day custodial interrogation.
There was a heavy security presence in and outside the Rouse Avenue Courts premises.
The judge said that though the accused had joined the investigation of this case on two earlier occasions, it has also been observed that he has failed to provide satisfactory answers to most of the questions put to him during his examination and interrogation.
Thus, he has failed to legitimately explain the incriminating evidence which has allegedly surfaced against him during the investigation conducted so far.
It is true that he cannot be expected to make self-incriminating statements, but the interests of justice and of a fair investigation require him to come up with some legitimate answers to the questions which are being put to him by the investigating officer.
"Some of his 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..."
"... 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 and hence, in considered opinion of this court, this can only be done during custodial interrogation of the accused," the judge said.
"Keeping in view the facts and circumstances, the accused is being remanded to CBI custody for a period of 05 days i.e. till March 4, 2023 for his further and extensive interrogation," the judge said.
He added that as far as the apprehensions being expressed by senior counsels regarding the use of any force or third-degree methods for extracting information from the accused are concerned, "this court 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 Dy. Chief Minister of the GNCTD and also some other important portfolios".
In any case, such apprehensions can always be taken care of by imposing certain conditions, the judge said.
"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 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 judge said.
The judge also permitted Sisodia to meet his advocates for half an hour every day between 6 pm to 7 pm during his CBI custody in a manner that the agency officials are not able to hear their conversations.
"Besides this, the accused shall be permitted to meet his wife every day for a duration of 15 minutes during the above said hour," the judge said, while also allowing Sisodia to take certain medicines prescribed to him.
The CBI on Sunday evening arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped liquor policy for 2021-22.
During the hearing, which went on for over an hour, Sisodia's counsel said that it was the lieutenant governor who had approved the changes in the excise policy and that the central probe agency was going after the elected government.
"I can't do anything. It has to be approved by the appropriate authority," he said.
Sisodia claimed that there was no evidence against him and opposed the CBI's plea for his remand.
"I (Sisodia) am the finance minister. I have to present the budget.... what changed yesterday that the finance minister was to be placed under custody? Was he not available for next days? Or was this arrest done for ulterior motive? This case is an assault on an individual as well as the institution. Remand will send a message, this is a fit case for declining remand," Sisodia's counsel told the court.
He submitted that Sisodia acted as a member of the Delhi government and hence the decision can neither be attributed to him nor questioned.
The CBI counsel submitted that Sisodia's custody was required for effective interrogation in the case.
Sisodia claimed that he had no role in the case but the probe showed he personally took decisions, the agency submitted.
Sisodia's counsel, while opposing the probe agency's plea for custody, submitted that the CBI says he changed his cell phones, but that is not a crime.
The counsel said the policy was implemented after taking suggestions even from the Delhi lieutenant governor and that since it required consultations, there was no chance of conspiracy.
"I have tried to keep everything open," he said.
Sisodia was represented by senior advocates Dayan Krishnan, Mohit Mathur and Siddharth Aggarwal.
The CBI informed the court that further investigation is underway in the case.
Earlier this month, the agency had interrogated Delhi minister Satyendar Jain in Tihar Jail in connection with the case after taking permission from the judge.
Jain was arrested by the Enforcement Directorate in a money laundering case. He is not an accused in the excise policy case.
The CBI had also quizzed AAP's communication in-charge Vijay Nair, who is also lodged in Tihar Jail, in connection with the excise policy money laundering case being probed by the ED.
Nair was earlier granted bail in the CBI excise policy case by the court.