New Delhi [India], February 27 : In a major development in the Delhi excise policy case, a Special Court in the national capital on Friday discharged all 23 accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, in the case registered by the Central Bureau of Investigation (CBI).
The order was pronounced by Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court. The Court ruled that there was no overarching conspiracy or criminal intent in the formulation of the excise policy and held that the prosecution's case did not withstand judicial scrutiny.
According to the Court, the CBI attempted to construct a narrative of conspiracy, but its theory was based on mere conjecture rather than concrete evidence. The judge concluded that no prima facie case was made out against any of the 23 accused persons and ordered their discharge.
The Court also strongly criticised the investigative approach adopted by the agency, particularly its reliance on approver statements. It observed that granting a pardon to an accused, turning him into an approver, and then using his statements to fill gaps in the investigation or rope in additional accused was improper. The judge warned that permitting such conduct would amount to a grave violation of constitutional principles.
In a significant remark, the Court stated that it would recommend a departmental inquiry against CBI officials for making a public servant, Kuldeep Singh, the accused number one in the case.
The case stemmed from allegations of corruption in the now-scrapped Delhi Excise Policy 2021-22 introduced by the Aam Aadmi Party (AAP) government. The CBI had alleged that the policy was designed to favour select private entities by reducing license fees and fixing profit margins, leading to kickbacks and financial losses to the Delhi government.
The FIR was registered by the CBI in August 2022 following a complaint by Delhi Lieutenant Governor V.K. Saxena. The agency had claimed that a criminal conspiracy was hatched at the stage of policy formulation, with alleged loopholes intentionally created to benefit certain liquor licensees after the tender process.
With Friday's order, the Special Court has effectively brought the CBI's case to a close at the trial court stage, holding that the allegations did not meet the threshold required for framing charges.
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