‘Astonishing’: BJP’s Amit Malviya on Kejriwal-Sisodia verdict, lists past ‘damning judicial observations’

Amit Malviya, the head of the Bharatiya Janata Party’s national IT cell, reacted to the court verdict with a long post on X and sought to highlight other courts’ damning observations, including those of the Supreme Court, in the matter.

‘Astonishing’: BJP’s Amit Malviya on Kejriwal-Sisodia verdict, lists past ‘damning judicial observations’

As Delhi’s Rouse Avenue Court on Friday discharged former Delhi chief minister Arvind Kejriwal and former Deputy CM Manish Sisodia in the Delhi excise policy case, the BJP has claimed “miscarriage of justice” and raised serious questions on the trial court order.

Amit Malviya, the head of the Bharatiya Janata Party’s national IT cell, reacted to the court verdict with a long post on X and sought to highlight other courts’ damning observations, including those of the Supreme Court, in the matter.

Advertisement

“This order, in light of the record so far, raises serious concerns and is miscarriage of justice,” Malviya wrote on X.

Advertisement

Highlighting some of the observations made by different courts at different stages of the investigation and trial, Malviya said the Special CBI Court, while denying bail to Sisodia, had observed that the Aam Aadmi Party leader had played the “most important and vital role” in the criminal conspiracy.

The BJP leader said Sisodia, who was arrested by the CBI on 26 February 2023 and later by the ED on 9 March 2023 in connection with alleged irregularities in the 2021–22 Excise Policy, “was deeply involved in the formulation and implementation of the policy to achieve the objectives of that conspiracy”, as per the CBI court.

The Delhi High Court, he said, rejected Sisodia’s bail applications in May and July 2023, describing the allegations against him “very serious in nature”. He pointed out that charges were filed against him under the Prevention of Corruption Act, IPC, and the Prevention of Money Laundering Act.

‘I’m not corrupt; court said Kejriwal and Sisodia are honest’: Ex-Delhi CM as court effectively closes liquor policy case

Malviya said the Delhi HC made the following observations in a detailed order issued on 21 May 2024:

  • Described the case as involving “grave misuse of power” and “breach of public trust”.
  • Noted alleged manufacturing of fake public opinion through pre-drafted emails from dummy accounts.
  • Highlighted the unjustified increase of wholesale profit margins from 5% to 12%, allegedly facilitating kickbacks worth hundreds of crores.
  • Termed Sisodia a “key conspirator”.
  • Referred to suppression of expert opinions in Cabinet notes.
  • Took note of alleged Rs 100 crore advance kickbacks linked to electoral funding.
  • Expressed concern over destruction of electronic evidence, including change of mobile phones when the complaint became public.
  • Warned that such actions set a dangerous precedent for governance.

Malviya said not just the Special CBI Court and the Delhi High Court, but the Supreme Court as well had made critical observations.

“On 30 October 2023, a bench of the Supreme Court of India upheld rejection of bail, observing that Rs 338 crore in transfers was tentatively established and that material supported serious charges under the PMLA, PCA and IPC. A curative plea was also dismissed,” the BJP IT cell chief stated.

“Bail was eventually granted on 9 August 2024, not on merits of innocence, but on grounds of prolonged incarceration (17 months), non-commencement of trial, massive volume of evidence, and violation of the right to speedy trial under Article 21. The Court reiterated that bail cannot become punishment before conviction,” he added.

Malviya further wrote that even the Comptroller and Auditor General of India reportedly flagged a revenue loss of Rs 2,002.68 crore and mentioned violation of licensing norms, unjustified hike in profit margins, weak verification of licensees, and ignoring expert recommendations.

Calling the above “damning judicial observations at multiple levels”, Malviya said it is “astonishing” that a lower court has now discharged the accused.

He pointed out that the investigating agency, the CBI, plans to file an appeal in a higher court, adding the legal battle is far from over.

“Higher judicial forums will once again examine the material. The legal battle is far from over but for many citizens, this order raises troubling questions about accountability and justice in high public office,” he concluded.

Advertisement