New Delhi [India], February 28 : BJP MP and Chairman of Bar Council of India, Manan Kumar Mishra, on Friday stated that the discharge order given by the Rouse Avenue Court in the excise policy case is not the final order and the Central Bureau of Investigation (CBI) can approach the High Court to challenge the order.
"The verdict that recently came is not final. The CBI can go to the High Court against this. A discharge order is not a final order. After this, the prosecution can challenge the order. The collected evidence will then be examined by the High Court, which will pronounce the final verdict. So Arvind Kejriwal and Manish Sisodia need not be overly happy at this stage..." he said.
The remark comes after the Court's decision to discharge former Delhi Chief Minister Arvind Kejriwal and 22 others in Delhi's excise policy case.
Earlier, the Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court held that the prosecution had failed to establish even a prima facie case, describing the allegations as "legally infirm, unsustainable, and unfit to proceed any further in law."
The court was critical of the investigative approach adopted by the Central Bureau of Investigation (CBI), observing that the agency's theory was based on conjectures rather than admissible evidence.
It also cautioned against the use of approver statements to fill gaps in the prosecution's case and recommended a departmental inquiry against certain CBI officials.
The case originated from allegations of corruption in the Delhi Excise Policy 2021-22 introduced by the Aam Aadmi Party (AAP) government. The CBI had alleged that the policy was framed to benefit certain private liquor licensees by allegedly reducing licence fees and fixing profit margins, resulting in kickbacks and financial loss to the Delhi government.
The FIR was registered by the CBI in August 2022 following a complaint by Delhi Lieutenant Governor VK Saxena. According to the agency, a criminal conspiracy was allegedly hatched at the stage of policy formulation, with deliberate loopholes introduced to favour select entities after the tender process.
With the Special Court's order discharging all accused, the matter at the trial court stage has concluded for now. The legality of that order will now be examined by the Delhi High Court following the CBI's challenge.
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