The Central Bureau of Investigation (CBI) has moved the Delhi High Court challenging a trial court order that discharged Aam Aadmi Party (AAP) national convener Arvind Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia, and other accused in the Delhi excise policy corruption case.
The agency approached the High Court within hours of the discharge order, asserting that the trial court failed to properly assess the evidence collected during the investigation.
CBI Alleges Trial Court Overlooked Key Material
In its challenge, the CBI contended that the trial court did not adequately consider crucial material placed on record. The agency argued that several aspects of the case were overlooked while passing the discharge order.
According to the CBI, the findings recorded by the trial court suffer from serious legal infirmities and warrant appellate interference.
Trial Court Discharged All 23 Accused
On February 27, the trial court discharged all 23 accused persons in the matter. These include Arvind Kejriwal, Manish Sisodia, K. Kavitha, Vijay Nair, Abhishek Boinpally, Arun Pillai, Sameer Mahendru, Amandeep Singh Dhall, Durgesh Pathak, Amit Arora, Vinod Chauhan, and others.
The Special CBI Judge made strong observations on the investigation while allowing the discharge pleas.
Court Criticised Investigation, Found No Prima Facie Case
In the discharge order, the trial court criticised the CBI for lapses in investigation. It observed that the “voluminous chargesheet” contained several lacunae and lacked support from any witness statements.
The court held that the agency failed to establish a prima facie case against Manish Sisodia. It further noted that Arvind Kejriwal had been arraigned without any cogent material linking him to the alleged offence.
Custody Period of Sisodia and Kejriwal
Manish Sisodia remained in judicial custody for approximately 530 days in connection with the case. Arvind Kejriwal spent about 156 days in jail across two separate periods.
The Supreme Court granted Kejriwal bail in the CBI case on September 13, 2024, after he had already secured interim bail in the Enforcement Directorate case.
Background of the Excise Policy Case
The case arises from the Delhi Government’s excise policy framed in 2021. The policy aimed to reform the liquor trade and increase state revenue. However, the government later withdrew it amid allegations of irregularities.
Following the withdrawal, Lieutenant Governor Vinay Kumar Saxena ordered a CBI probe into the policy.
Allegations by CBI and ED
The CBI and the Enforcement Directorate alleged that the policy was used to extend undue benefits to private entities at the cost of the public exchequer. The agencies claimed that corrupt practices were involved in policy formulation and implementation.
The policy proposed complete privatisation of liquor retail in the national capital.
Arrests in the Case
The CBI arrested Manish Sisodia on February 26, 2023. The ED arrested him later on March 9, 2023. The agency claimed that Sisodia failed to cooperate with the investigation and gave evasive replies despite being confronted with evidence.
The CBI formally arrested Arvind Kejriwal on June 26, 2024 while he was already in ED custody in the related money laundering case.
