oppn parties Supreme Court Asks Manish Sisodia To Approach Trial Court Or Delhi HC First

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Supreme Court Asks Manish Sisodia To Approach Trial Court Or Delhi HC First

By Sunil Garodia
First publised on 2023-03-01 03:03:26

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Manish Sisodia approached the Supreme Court against his arrest and subsequent remand in CBI custody for 5 days. The apex court first asked Sisodia's lawyers why they had not approached the trial court or the Delhi HC court and had come directly to the Supreme Court but agreed to hear the plea when they referred to the Vinod Dua case in which Dua had directly approached the apex court to get relief when he was being prosecuted for raising his voice against the Centre's handling of the Covid situation.

Sisodia approached the apex court to quash the FIR in his case and failing which, to grant him bail as his arrest was illegal. His lawyers also claimed that he was cooperating in the investigation and the CBI had arrested him despite that. But that is his word against that of the agency. If Sisodia is cooperating and can convince the court, he will in any case get regular bail in the trial court when the matter comes up for hearing there.

During the hearing in the apex court, the bench said that there was a huge difference in a journalist approaching the Supreme Court directly as it was a matter of freedom of speech. In Sisodia's case, the court refused to grant any relief as it was a corruption case and said it would set a bad precedent. The court asked his lawyers to approach the trial court or the Delhi HC first. The plea was withdrawn by Sisodia after the Supreme Court's refusal to grant any relief.

This practice of politicians, journalists, social activists, wealthy individuals and celebrities directly approaching the Supreme Court bypassing the judicial hierarchy must be stopped. It undermines the system as well as proves that those with money or influence can get things done their way. The Supreme Court did well by not entertaining Sisodia's petition and asking him to follow the process. 

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