New Delhi: The Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging a trial court order that discharged 23 accused, including former Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, in the Delhi excise policy case.
The appeal follows a judgment delivered by Special Judge Jitendra Singh of the Rouse Avenue Court (Prevention of Corruption Act), who held that the prosecution had failed to meet the basic legal threshold required to proceed with trial.
In the order, the court observed that the prosecution was unable to establish prima facie evidence of a larger criminal conspiracy or unlawful intent behind the formulation of the Delhi Excise Policy 2021–22. It further remarked that the CBI appeared to have relied more on conjectures than concrete proof to build its case.
The court also criticised the investigative process, questioning the agency’s reliance on approver statements. It cautioned that converting an accused into an approver to fill investigative gaps or implicate others must be carefully scrutinised within constitutional safeguards.
The Special Court reportedly indicated that departmental inquiry could be considered against CBI officials over the manner in which Kuldeep Singh was arrayed as Accused No.1 in the chargesheet.
The case originates from allegations surrounding the Delhi Excise Policy 2021–22 introduced by the Aam Aadmi Party government and later withdrawn. The CBI had alleged that the policy was structured to favour certain private liquor traders through reduced licence fees and predetermined profit margins, causing financial loss to the government and enabling kickbacks.
The FIR was registered by the CBI in August 2022 following a complaint by Delhi Lieutenant Governor V. K. Saxena, alleging criminal conspiracy during the policy formulation stage and irregularities in the tendering process.
With the CBI now moving the High Court, the legal battle over the controversial excise policy is set to enter its next phase.
