Kamal Ghorui
AAP chief Arvind Kejriwal (PTI photo)
NEW DELHI: The Central Bureau of Investigation (CBI) on Friday moved the Delhi high court against a lower court’s order discharging Arvind Kejriwal and others in the alleged liquor scam case, reported news agency PTI citing officials.The central agency’s move comes hours after a Special Court in Delhi discharged all 23 accused in the Delhi excise policy case, including former chief minister Arvind Kejriwal and former deputy chief minister Manish Sisodia.
The order was delivered by Special Judge (Prevention of Corruption Act) Jitender Singh at the Rouse Avenue Court. The judge held that the prosecution failed to establish any overarching conspiracy or criminal intent behind the formulation of the excise policy. According to the court, the material placed on record did not survive judicial scrutiny.The court observed that the CBI attempted to “weave a conspiracy narrative but relied largely on conjecture rather than solid evidence”. It ruled that no prima facie case was made out against any of the accused and ordered their discharge.In strong remarks against the investigative process, the court criticised the agency’s reliance on approver statements. It noted that granting pardon to an accused, converting him into an approver, and then using his testimony to plug investigative gaps or implicate others was improper. The judge cautioned that allowing such a course would amount to a serious breach of constitutional principles.The court also indicated it would recommend a departmental inquiry against CBI officials for naming public servant Kuldeep Singh as accused number one in the chargesheet.The case originated from allegations surrounding the now-withdrawn Delhi Excise Policy 2021-22 introduced by the Aam Aadmi Party government. The CBI had alleged that the policy framework was tailored to benefit certain private players through reduced licence fees and predetermined profit margins, resulting in kickbacks and financial losses to the Delhi government.The agency registered an FIR in August 2022 after a complaint by Delhi lieutenant governor VK Saxena. Investigators claimed that a criminal conspiracy had been hatched during the policy’s formulation stage, with deliberate loopholes built in to favour specific liquor licensees even after the tender process.With Friday’s ruling, the trial court has effectively halted the CBI’s case at the charge-framing stage, concluding that the allegations did not meet the legal threshold required to proceed to trial.
