Kejriwal-Sisodia verdict: CBI moves Delhi HC, challenges trial court order in Delhi excise policy case

The Central Bureau of Investigation (CBI) approached the Delhi High Court on Friday, challenging a trial court order discharging AA leaders Arvind Kejriwal and Manish Sisodia, and 21 others in the Delhi excise policy case.

The CBI approached the higher court hours after the Rouse Avenue Court in Delhi discharged all 23 accused in the Delhi liquor policy case, saying the case did not withstand judicial scrutiny.

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The Special Court judge held that the prosecution had failed to establish the alleged ‘central conspiratorial role’.

The court said the claims did not pass judicial scrutiny and found no evidence of criminal intent against Sisodia. It also observed that the theory of conspiracy could not be sustained against a single constitutional authority.

The CBI had named 23 individuals in the case. Apart from Kejriwal and Sisodia, those chargesheeted include Rakesh Joshi, Butchibabu Gornatla, Kuldeep Singh, K Kavitha, Amandeep Singh Dhall, Arjun Pandey, Vijay Nair, Abhishek Boinpally, Damodar Prasad Sharma, Prince Kumar, Arun Ramchandra Pillai, Mootha Goutam, Sameer Mahendru, Chanpreet Singh Rayat, Narender Singh, Ashish Mathur, Arvind Kumar Singh, Durgesh Pathak, Amit Arora, Vinod Chauhan, and P Sarath Chadra Reddy.

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Discharging all 23 accused, Special Judge (PC Act) Jitender Singh said there was no overarching conspiracy or criminal intent in the formulation of the excise policy.

The court in its ruling pointed out that the central agency had tried to paint a narrative of conspiracy, but it failed to present any evidence, and the allegations were based on mere conjecture.

The judge concluded that no prima facie case was made out against any of the 23 accused persons and ordered their discharge.

The court also rapped the CBI over its investigative approach, especially its move to rely on approver statements.

Significantly, the court indicated that it would recommend a departmental inquiry against CBI officials for making a public servant, Kuldeep Singh, the accused number one in the case.