The CBI has approached the Delhi High Court challenging the trial court’s order discharging Arvind Kejriwal, Manish Sisodia and 21 others in the Delhi excise policy case. The appeal comes after the special court ruled that no prima facie case of conspiracy or criminal intent was made out.
The Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging a trial court order that discharged all 23 accused in the Delhi excise policy case, including former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and Telangana Jagruthi president K Kavitha.
The appeal filed by the CBI is expected to be listed for hearing after the Holi break. The move comes just hours after the special court closed the case initiated by the agency and discharged all the accused persons.
Earlier in the day, Special Judge (Prevention of Corruption Act) Jitendra Singh passed a detailed order holding that the prosecution failed to establish even a prima facie case against any of the accused. While discharging them, the court made strong observations on the manner in which the investigation was conducted.
In its ruling, the court clearly stated,
“There was no overarching conspiracy or criminal intent in the excise policy,”
rejecting the core allegation of the prosecution. The judge further observed that the case presented by the CBI could not stand legal scrutiny and was built largely on assumptions rather than solid evidence.
The court noted that the prosecution’s version appeared speculative and said that the CBI had attempted to build a conspiracy theory without adequate proof. According to the order, the agency tried to create a narrative based on conjectures and unverified statements rather than concrete material evidence. As a result, the court concluded that no prima facie case was made out against any of the 23 accused.
The special court also strongly criticised the agency for relying heavily on approver statements. In a significant remark, the judge said,
“If such conduct is allowed, it would be a grave violation of the Constitutional principles. The conduct where an accused is granted pardon and then made an approver, his statements used to fill the gaps in the investigation/narrative and make additional people accused is wrong,”
highlighting concerns over the fairness of the investigative process.
The court went a step further and said it would recommend a departmental inquiry against CBI officials for the manner in which a public servant, Kuldeep Singh, was made accused number one in the case.
The CBI had earlier filed a chargesheet against the following 23 accused: Kuldeep Singh, Narender Singh, Vijay Nair, Abhishek Boinpally, Arun Ramchandra Pillai, Mootha Goutam, Sameer Mahendru, Manish Sisodia, Amandeep Singh Dhall, Arjun Pandey, Butchibabu Gorantla, Rajesh Joshi, Damodar Prasad Sharma, Prince Kumar, Arvind Kumar Singh, Chanpreet Singh Rayat, Kavitha Kalvakuntal @ K.Kavitha, Arvind Kejriwal, Durgesh Pathak, Amit Arora, Vinod Chauhan, Ashish Chand Mathur and Sarath Chandra Reddy.
The case dates back to 2022, when the CBI registered a First Information Report (FIR) alleging that the Delhi Excise Policy 2021-22 was manipulated to benefit certain liquor traders. The FIR was registered based on a complaint made by Delhi Lieutenant Governor VK Saxena on July 20, 2022.
According to the CBI, the Aam Aadmi Party (AAP) and some of its leaders received illegal kickbacks from liquor manufacturers in exchange for alleged manipulation of the policy framework. The agency claimed that loopholes were deliberately created in the policy to favour select license holders after the tender process.
The Enforcement Directorate (ED) also initiated a parallel investigation under the Prevention of Money Laundering Act (PMLA), alleging that the proceeds of crime were generated through the implementation of the policy.
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Following the registration of the cases, several prominent political leaders were arrested. Many critics alleged that the arrests were politically motivated. The accused leaders spent considerable time in judicial custody as both the Rouse Avenue Court and the Delhi High Court denied them bail at various stages. Eventually, the Supreme Court of India granted relief to some of the key political figures.
The trial court’s discharge order has now become a major development in the high-profile Delhi excise policy case. With the CBI challenging the decision before the Delhi High Court, the matter is set to enter a new legal phase. The High Court’s upcoming hearing after the Holi break is likely to be closely watched, as it will determine whether the discharge order stands or if the case proceeds to trial once again.
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