New Delhi : In a significant development in the Delhi excise policy case, the Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging the trial court’s order discharging all 23 accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia.
Confirming the development, the CBI’s legal team stated that the agency has formally challenged the discharge order and is seeking its setting aside.
A Special Court in the national capital on Friday discharged all the accused in the case registered by the CBI in connection with the now-scrapped Delhi Excise Policy 2021-22.
The order was pronounced by Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court.
The Special Court held that there was no overarching conspiracy or criminal intent in the formulation of the excise policy and ruled that the prosecution’s case did not withstand judicial scrutiny. The judge observed that the CBI had attempted to construct a narrative of criminal conspiracy, but its theory was based on conjectures rather than concrete and admissible evidence.
The Court found that no prima facie case was made out against any of the 23 accused and accordingly ordered their discharge.
The judge also expressed strong disapproval of the investigative approach adopted by the agency, particularly its reliance on statements of an approver. The Court observed that granting pardon to an accused, turning him into an approver, and then using his statements to fill gaps in the prosecution’s case or implicate additional persons was improper. It cautioned that permitting such a course would amount to a serious violation of constitutional safeguards.
In a notable observation, the Court stated that it would recommend a departmental inquiry against CBI officials for making public servant Kuldeep Singh the number one accused in the case.
The case originated from allegations of corruption in the Delhi Excise Policy 2021-22 introduced by the Aam Aadmi Party (AAP) government. The CBI had alleged that the policy was framed to benefit certain private liquor licensees by allegedly reducing licence fees and fixing profit margins, resulting in kickbacks and financial loss to the Delhi government.
The FIR was registered by the CBI in August 2022 following a complaint by Delhi Lieutenant Governor VK Saxena. According to the agency, a criminal conspiracy was allegedly hatched at the stage of policy formulation, with deliberate loopholes introduced to favour select entities after the tender process.
With the Special Court’s order discharging all accused, the matter at the trial court stage has concluded for now. The legality of that order will now be examined by the Delhi High Court following the CBI’s challenge.
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