The Chief Justice of the Delhi High Court has declined a request made by Arvind Kejriwal seeking transfer of a petition filed by the Central Bureau of Investigation (CBI) in connection with the alleged Delhi excise policy corruption case.
Chief Justice Devendra Kumar Upadhyaya held that the case has been assigned to Justice Swarana Kanta Sharma according to the existing roster system and found no administrative reason to reassign the matter to another bench.
Background of the Case
The controversy arises from the investigation into the Delhi government’s 2021–22 excise policy, which aimed to restructure liquor trade in the national capital. The policy was later withdrawn after allegations of irregularities surfaced, prompting an investigation by the Central Bureau of Investigation.
Earlier, a trial court discharged Kejriwal along with 22 other accused persons, including former Delhi Deputy Chief Minister Manish Sisodia and BRS leader K. Kavitha.
The trial court had concluded that the prosecution failed to produce sufficient evidence linking Kejriwal or several others to any criminal conspiracy. It also criticized aspects of the investigation, observing that certain witness statements lacked independent corroboration.
Following this decision, the CBI filed a petition before the Delhi High Court challenging the discharge order.
Key Developments in the Case
The petition filed by the CBI came up before Justice Swarana Kanta Sharma on March 9. During the preliminary hearing, the High Court issued notice to the accused persons and sought their responses.
The Court also expressed preliminary concerns about certain observations made by the trial court while granting discharge. According to the High Court, some findings regarding witness statements and approver testimonies appeared, at first glance, to require further scrutiny.
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In the same order, the High Court stayed the trial court’s remarks against the CBI investigating officer and the direction recommending departmental action against him.
Additionally, the High Court requested the trial court handling proceedings under the Prevention of Money Laundering Act to defer the case until the High Court decides the CBI’s challenge.
Final Order of the Court
The Chief Justice ultimately declined to intervene in the bench assignment. As a result, the CBI’s petition challenging the discharge order will continue to be heard by Justice Swarana Kanta Sharma.
The proceedings will now move forward before the same bench as the High Court considers the CBI’s challenge to the trial court’s decision discharging the accused in the excise policy case.
