New Delhi: A Delhi court on Friday discharged former Delhi chief minister Arvind Kejriwal and his ex-deputy Manish Sisodia in an excise police-related corruption case, refusing to take cognisance of the CBI chargesheet.
Special Judge Jitendra Singh said that the chargesheet had several lacunae not supported by evidence, as he discharged 21 more besides the two Aam Aadmi Party leaders in the matter.
The CBI has been probing alleged corruption in the formulation and execution of the erstwhile-AAP government’s now-scrapped excise policy.
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 was 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 licenses after the tender process.
With Friday’s (February 27) 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.
