Delhi HC issues notice to Kejriwal, Sisodia, Kavitha and 21 others in CBI plea on liquor policy case

The Delhi High Court on Monday issued notices to former Delhi chief minister Arvind Kejriwal , former deputy chief minister Manish Sisodia , K. Kavitha and 21 others on a petition filed by the Central Bureau of Investigation challenging a trial court order that discharged them in the Delhi excise policy case.

Justice Swarana Kanta Sharma sought responses from the accused and listed the matter for hearing on March 16.

The petition challenges a February 27 ruling of a special court that discharged Kejriwal, Sisodia and 21 others, observing that the CBI’s case could not withstand judicial scrutiny and lacked sufficient evidence to proceed to trial. The High Court is now examining the agency’s plea seeking to set aside that order and revive the case.

During the hearing, Solicitor General Tushar Mehta argued that the trial court’s decision was legally flawed and effectively amounted to “acquittal without a trial.” He contended that investigators had collected substantial material pointing to “conspiracy and alleged bribery” linked to the formulation of the now-scrapped excise policy.

The High Court indicated that it would stay the operation of “adverse remarks against the CBI” made by the trial court against the agency and its officers while passing the discharge order, though the discharge itself has not been stayed at this stage.

Providing details of the proceedings, Additional Solicitor General D. P. Singh said the court took note of the arguments made by the government’s law officers and issued notice on the CBI’s plea.

“The Solicitor General argued this case and vehemently put forth our point. The court has issued notice. The court has also stayed any adverse remarks against the officers of the CBI and the CBI itself, and has noted that the ongoing ED case comes up for hearing because of the legal implications,” he said.

The court also indicated that proceedings in the related money-laundering case being investigated by the Enforcement Directorate may be deferred while the High Court considers the CBI’s challenge.

The case relates to alleged irregularities in the formulation and implementation of Delhi’s now-scrapped liquor policy introduced by the Aam Aadmi Party government. Investigators have alleged that certain provisions of the policy were manipulated to benefit select liquor licensees in return for kickbacks.

In February, however, the trial court discharged all the accused, holding that the allegations and evidence presented by the CBI were insufficient to frame charges. With the High Court now issuing notices and beginning hearings on the agency’s challenge, the legal battle over the controversial excise policy case is set to continue.