In a key development in the Delhi excise policy matter, the Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging a trial court order that discharged all 23 accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia.
According to the agency’s legal team, the CBI has formally filed an appeal seeking to set aside the discharge order passed by the trial court.
On Friday, a Special Court in Delhi discharged all accused in the case registered by the CBI in connection with the now-withdrawn Delhi Excise Policy 2021–22. The order was delivered by Special Judge (PC Act) Jitender Singh at the Rouse Avenue Court.
In its ruling, the Special Court observed that the prosecution had not established a prima facie case against any of the accused. It stated that there was no material to demonstrate an overarching criminal conspiracy or criminal intent in the formulation of the excise policy. The court further noted that the allegations were not supported by sufficient admissible evidence to proceed to trial.
The judge also commented on the investigative process, particularly the reliance on statements made by an approver. The court observed that granting pardon to an accused and subsequently using that person’s statements to address gaps in the prosecution’s case or to implicate others would be legally unsustainable. It cautioned against practices that may compromise procedural safeguards.
Additionally, the court indicated that it would recommend a departmental inquiry regarding the manner in which public servant Kuldeep Singh was made the primary accused in the case.
The case stems from allegations related to the Delhi Excise Policy 2021–22, introduced by the government led by the Aam Aadmi Party (AAP). The CBI had alleged irregularities in the formulation and implementation of the policy, including claims that certain provisions were structured to benefit select private licensees.
The FIR was registered by the CBI in August 2022 following a complaint from Delhi Lieutenant Governor V. K. Saxena. The agency alleged that irregularities occurred at the policy formulation stage, including the introduction of provisions that allegedly favoured specific entities.
With the discharge order, proceedings at the trial court level have concluded for the time being. The matter will now be considered by the Delhi High Court, which will examine the CBI’s challenge to the Special Court’s decision.
