Delhi HC to hear on March 9 CBI’s plea against trial court order discharging Kejriwal, Sisodia

The Delhi High Court is slated to hear next week a plea filed by the Central Bureau of Investigation (CBI) challenging a trial court order discharging AAP national convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and 21 others in the 2022 Delhi excise policy case. 

As per the causelist published on the official website of the Delhi HC, the matter is listed before a single-judge Bench of Justice Swarnakanta Sharma on March 9.

The CBI has moved a criminal revision petition assailing the detailed order passed by the Rouse Avenue Court, which had refused to frame charges against all 23 accused and held that the prosecution failed to establish even a prima facie case warranting trial. 

On February 27, Special Judge (PC Act) Jitendra Singh, in an order running into over 1,100 paragraphs, concluded that the case projected by the CBI was “wholly unable to survive judicial scrutiny” and stood “discredited in its entirety”. 

After examining the voluminous record and depositions of nearly 300 prosecution witnesses, the trial court held that no material surfaced to raise even a “grave suspicion” against the accused. It observed that compelling them to face a full-fledged trial in the absence of legally admissible evidence would amount to a “manifest miscarriage of justice” and an abuse of the criminal process.

The case pertains to the Delhi Excise Policy 2021-22 introduced by the then AAP-led government, which was later scrapped amid allegations of corruption and kickbacks. 

The CBI had alleged that the policy was tailored to benefit certain private liquor entities, including the “South Group”, in exchange for alleged upfront bribes purportedly routed for electoral purposes. It further claimed that irregularities in the formulation and implementation of the policy resulted in undue favours to licensees and losses to the public exchequer. However, the trial court rejected the agency’s “theory of an overarching conspiracy”, holding that the contemporaneous record indicated that the policy was the outcome of a consultative and deliberative process undertaken in accordance with prescribed procedure. 

Soon after the discharge order, Kejriwal termed the case “false and fabricated” and expressed faith in the judiciary, saying “Satyamev Jayate”, while Sisodia was seen consoling him outside the court premises amid the presence of party supporters. 

Reacting to the development, former Delhi BJP President and MP Manoj Tiwari said the celebrations within the AAP may be short-lived as the CBI’s appeal before the Delhi High Court could overturn the trial court’s decision. 

Addressing a press conference, Tiwari alleged that several SIM cards and mobile phones were destroyed and questioned why the excise policy was withdrawn if it was legally sound. 

He also referred to earlier proceedings before the Supreme Court, stating that bail conditions had imposed restrictions on Kejriwal’s functioning at the time. “This is not just a legal issue, but a matter of public trust. The people of Delhi have the right to know the complete truth,” Tiwari said, adding that the BJP would continue to pursue the matter at both political and legal levels until accountability is fixed.