In a significant development in the Delhi excise policy case, the Central Bureau of Investigation (CBI) has moved the Delhi High Court challenging the trial court’s order acquitting all 23 accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia.
Confirming the development, the CBI legal team said that the agency has formally challenged the discharge order and is seeking its cancellation.
A special court in the national capital on Friday acquitted all the accused in the case registered by the CBI in connection with the canceled Delhi Excise Policy 2021-22.
This order was pronounced by Special Judge (PC Act) Jitendra Singh of Rouse Avenue Court.
The Special Court held that there was no widespread conspiracy or criminal intent in the formulation of the excise policy and ruled that the prosecution’s case did not stand judicial scrutiny. The judge remarked that the CBI had attempted to fabricate a story of criminal conspiracy, but its theory was based on conjecture rather than solid and valid evidence.
The Court found that there was no prima facie case made out against any of the 23 accused and accordingly ordered their acquittal.
The judge took strong objection to the investigation methodology adopted by the agency, particularly its reliance on witness statements. The Court said it is unfair to grant pardon to an accused, make him a witness and then use his statements to fill in the gaps in the prosecution’s case or implicate other persons. The Court warned that allowing such action would be a serious violation of constitutional safeguards.
In a significant comment, the Court said it would recommend a departmental inquiry against the CBI officials who made public servant Kuldeep Singh the number one accused in the case.
The case pertains to allegations of corruption in the Delhi Excise Policy 2021-22 implemented by the Aam Aadmi Party (AAP) government. The CBI had alleged that this policy was designed to benefit some private liquor licensees, which allegedly included reducing license fees and fixing profit margins, resulting in bribery and financial loss to the Delhi government.
The CBI had registered an FIR in August 2022 following the complaint of Delhi Lieutenant Governor VK Saxena. According to the agency, a criminal conspiracy was hatched at the policy formulation stage itself and loopholes were deliberately inserted after the tender process to benefit select entities.
With the special court’s order acquitting all the accused, the case ongoing in the lower court has come to an end for the time being. After the challenge by CBI, now Delhi High Court will examine the validity of this order.