A special court in Delhi on Friday acquitted all 23 accused in the case related to Delhi Excise Policy 2021-22 by the CBI. The court said the prosecution had “failed to raise even the threshold of prima facie suspicion, leave alone grave doubt” required to frame charges.
Rouse Avenue Court Special Judge (PC Act) Jitendra Singh, in a strong order, ruled that the prosecution’s case was “legally weak, untenable and unfit to proceed in law”.
The Court observed that when the material collected by the agency was examined on the basis of admissibility, relevance and probative value, “the appearance of a coherent conspiracy was lost,” revealing that the allegations were based on inadmissible material and phenomena.
The court said that the alleged widespread conspiracy strongly advanced by the prosecution proved to be “completely baseless” when examined on the basis of evidence. The Court found that after a thorough review of nearly 300 witness statements and voluminous documents over more than two months, no legally valid evidence was found linking the accused to any criminal misconduct.
Those who have been released include former Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and 21 others.
The Court clearly stated that there is no evidence to indicate that any manipulation, alteration or change was made in the Excise Policy (DEP-21/22) to give undue advantage to any private individual or the so-called “South Group”. On the contrary, the contemporaneous records clearly establish that the policy was prepared after consultation and deliberations with the stakeholders and following the laid down procedures.
The judge said that although there was no statutory requirement to receive suggestions from the Lieutenant Governor, the information recorded in the file shows that such suggestions were indeed sought, examined and incorporated – which confirms the procedural integrity of the policy-making process.
The prosecution’s main allegation, regarding the payment of “advance money” and its alleged recovery, was found to be devoid of legal basis. The Court remarked that in the absence of a flawed policy or clearly illegal implementation, the prosecution’s theory remains mere conjecture.
It further said that the investigation has tried to create the impression of a vast and complex conspiracy by piecing together disparate pieces without legally valid evidence. Attempts to link the proceeds of the alleged crime to the Goa Assembly elections were also found to be based more on conjecture and speculation rather than valid evidence.
The Court strongly criticized the approach adopted by the Central Bureau of Investigation (CBI), particularly its reliance on witness statements. The Court warned that granting amnesty to an accused and then using his testimony to fill in the gaps in the prosecution’s case or implicate other accused would undermine constitutional safeguards.
In a significant comment, the judge indicated that a departmental inquiry would be recommended against the CBI officers, as they have named public servant Kuldeep Singh as the prime accused in the case.
The FIR in this case will be filed in August 2022 by Delhi Lieutenant Governor V.K. The complaint was filed after Saxena alleged that the now-repealed excise policy was designed to benefit select liquor licensees by reducing license fees and fixing profit margins, resulting in bribery and loss to the government exchequer.
However, the Special Court concluded that the prosecution had failed to meet the minimum legal standards required at the stage of framing charges. The Court said that forcing the accused to face a full trial in the absence of admissible evidence would be a miscarriage of justice and an abuse of the criminal process.
