LawChakra

Arvind Kejriwal’s Arrest-To-Discharge Journey: Delhi Excise Policy Case Timeline Explained

Monalisha Sethi

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The Rouse Avenue Court in Delhi discharged all 23 accused in the CBI excise policy case, including Arvind Kejriwal and Manish Sisodia. The ruling marked a major turn in Arvind Kejriwal’s arrest-to-discharge journey within the high-profile investigation today.

Rouse Avenue court in Delhi discharged all 23 accused in the excise policy case registered by the Central Bureau of Investigation (CBI), including former chief minister Arvind Kejriwal and former deputy chief minister Manish Sisodia.

Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court pronounced the order, finding no evidence of an overarching conspiracy or criminal intent in the formulation of the Delhi Excise Policy 2021–22.

ALSO READ: Excise Policy Case| No Overarching Conspiracy: Court Closes CBI Case Against Arvind Kejriwal, Manish Sisodia

The court held that the prosecution’s case did not withstand judicial scrutiny.

Case Background

The matter arose from allegations of corruption linked to the now-scrapped Delhi Excise Policy 2021–22, introduced by the Aam Aadmi Party (AAP) government.

After a complaint by Delhi Lieutenant Governor V.K. Saxena, the CBI registered an FIR in August 2022 alleging irregularities in the policy’s drafting and implementation. The agency said the policy was tailored to benefit certain private liquor companies, claiming license fees were lowered and profit margins fixed to favour select players.

The CBI further alleged that loopholes were deliberately created after the tendering process to grant undue advantage to particular licensees, that kickbacks were paid, and that the Delhi government suffered financial losses. Based on these claims, 23 people, including Kejriwal and Sisodia, were named as accused.

Court’s Ruling

After weighing the arguments, the Special Court discharged all 23 accused, concluding that no prima facie case had been made against them.

The court found that the evidence presented did not prove a widespread conspiracy or criminal intent underlying the policy’s framing, and that the prosecution failed to reach the threshold necessary to frame charges.

The discharge effectively ends criminal proceedings at the trial-court level unless the decision is challenged in a higher court.

A central feature of the judgment was the court’s assessment of the alleged conspiracy. The court said the CBI’s attempt to build a conspiracy narrative rested on speculation rather than solid evidence. It found the prosecution’s material insufficient to establish a criminal conspiracy at the policy-formulation stage. Allegations of intentional loopholes and benefits to particular entities were not supported by enough evidence to make out a prima facie case.

Thus, the court concluded that the basic elements required to continue a criminal trial were not met.

The judge also sharply criticised aspects of the CBI’s investigative methods, especially the reliance on approver statements. The court condemned the practice of converting an accused into an approver through a pardon and then using that person’s testimony to plug gaps or implicate others, calling the approach improper and warning that allowing it would “amount to a grave violation of constitutional principles.”

These observations show the court was dissatisfied with how the prosecution sought to rely on approver testimony to bolster its case.

The court said it would recommend a departmental inquiry into CBI officials for naming public servant Kuldeep Singh as accused number one.

While discharging the accused, the judge expressed concern about placing Kuldeep Singh at the center of the case, and recommended a departmental inquiry, signaling disapproval of certain investigative decisions.

Delhi Excise Policy Case

The Delhi Excise Policy 2021–22 altered the licensing framework for liquor sales in Delhi and was subsequently withdrawn amid controversy.

Following the Lieutenant Governor’s complaint, the CBI registered an FIR in August 2022 alleging irregularities in both policy formulation and implementation, and asserted that the policy was structured to benefit specific private licensees through reduced license fees and fixed profit margins causing financial loss to the government.

These allegations formed the basis for naming 23 accused.

Event Timeline

Key Takeaways

Arvind Kejriwal became the first-ever sitting Chief Minister to be arrested in India when he was taken into custody by the Enforcement Directorate (ED) on March 21, 2024. Named as an accused in the excise policy case, Kejriwal was produced in court the following day and placed under ED custody until April 1.

ALSO READ: Delhi Court Orders Police to Speed Up Investigation in Defacement Case Against Arvind Kejriwal

The arrest of Arvind Kejriwal in the alleged Delhi Excise Policy scam became one of the most debated and politically charged actions taken by the Enforcement Directorate in recent years.

The agency claimed that there were major irregularities and suspected money laundering in how the Delhi Excise Policy 2021–22 was designed and implemented. Based on these allegations, a case was registered under the Prevention of Money Laundering Act (PMLA).

Several rounds of arrest, remand hearings, and bail applications took place. Important constitutional issues were also raised, including whether the timing of the arrest was justified, what level of evidence is required under PMLA, and how wide the ED’s powers can extend.

Click Here to Read More Reports On Arvind Kejriwal

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