The Central Bureau of Investigation (CBI) has approached the Delhi High Court to contest a recent decision by a Special Court that discharged 23 individuals, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia. This move comes after the Special Court ruled on February 24 that there was insufficient evidence to support the prosecution’s case linked to the Delhi Excise Policy 2021-22, which has since been revoked.

Details of the Discharge Order

The discharge order was issued by Special Judge Jitender Singh at the Rouse Avenue Court. The judge determined that there was no substantial conspiracy or criminal intent associated with the formulation of the excise policy. During the proceedings, the court noted that the CBI’s assertions of a criminal conspiracy were more speculative than based on solid, admissible evidence. The judge concluded that no prima facie case was established against any of the accused, leading to their discharge.

Court Criticism of CBI Investigation

The judge voiced significant disapproval of the CBI’s investigative methods, particularly criticizing its dependence on statements from an approver in the case. The court pointed out that converting an accused individual into an approver and then using their statements to compensate for deficiencies in the prosecution’s argument was unacceptable. It warned that allowing such practices could infringe on constitutional rights.

Proposed Inquiry into CBI Conduct

Additionally, the court indicated that it would recommend a departmental inquiry against CBI officials, especially concerning the treatment of public servant Kuldeep Singh, who was named the primary accused in the investigation. This recommendation reflects the court’s concern over the agency’s procedural conduct throughout the case.

Background of the Case

The case emerged from allegations of corruption related to the Delhi Excise Policy 2021-22, which was enacted by the Aam Aadmi Party (AAP) government. The CBI had claimed that the policy was designed to favor certain private liquor licensees through questionable licensing practices and profit margin adjustments, resulting in financial loss to the Delhi government. The FIR against the accused was registered in August 2022, following a complaint from Delhi Lieutenant Governor VK Saxena.

Next Steps Following the Ruling

With the Special Court’s decision to discharge all accused, the trial proceedings at this stage have concluded. The Delhi High Court is now set to evaluate the legality of the discharge order based on the CBI’s appeal, marking the next phase in this high-profile investigation.

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