Source Bar and Bench
NEW DELHI — The legal saga surrounding the now-scrapped Delhi excise policy took a sharp turn on Friday as the Central Bureau of Investigation (CBI) moved the Delhi High Court to challenge the discharge of Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia.
The investigative agency’s swift appeal comes just hours after a special court at the Rouse Avenue Complex cleared the former Delhi Chief Minister, his former deputy, and 21 others of all charges, citing a lack of “cogent evidence.”
Trial Court’s “Lack of Evidence” Ruling
Earlier on Friday, Special Judge Jitendra Singh delivered a stinging 598-page order, refusing to take cognizance of the CBI’s chargesheet. The court observed that the prosecution’s narrative of an “overarching conspiracy” relied more on conjecture than solid proof.
Key takeaways from the trial court’s decision include:
No Prima Facie Case: The judge noted that the CBI failed to establish any criminal intent or collective conspiracy behind the formulation of the 2021-22 liquor policy.
Procedural Criticism: The court “rapped” the agency for several “lacunae” in the investigation, pointing out that many claims in the voluminous chargesheet were not supported by witness statements.
Misuse of Approvers: The judge criticized the agency’s reliance on converting accused individuals into “approvers” to fill investigative gaps, calling the practice a potential breach of constitutional principles.
The CBI’s Counter-Strike
Refusing to back down, the CBI spokesperson stated that the agency decided to appeal immediately because several “important elements of the investigation were either ignored or inadequately considered” by the trial court. The agency maintains that the policy was deliberately tailored to benefit private liquor entities in exchange for kickbacks.
“Truth Alone Prevails”: Emotional Scenes at AAP Office
Following the discharge, an emotional Arvind Kejriwal addressed the media, breaking down in tears as he embraced Manish Sisodia.
“I am not corrupt. The court has said that Kejriwal and Sisodia are honest. This was the biggest political conspiracy in Independent India, but today truth has triumphed,” Kejriwal stated.
While the discharge provides temporary relief for the AAP leadership, the focus now shifts to the Delhi High Court. Legal experts also note that the future of the parallel money-laundering probe by the Enforcement Directorate (ED) may hang in the balance, as the ED’s case typically relies on the existence of a “predicate offense” (theCBI case).
