NEW DELHI: The Delhi High Court on Monday stayed the adverse observations made by a trial court against the CBI and its investigating officer in its verdict discharging 23 accused, including Arvind Kejriwal, in the excise policy case. Justice Swarana Kanta Sharma said that several observations made by the trial court appear “erroneous” and needed consideration.
The judge also directed the trial court to postpone its hearing in the related money laundering case until the HC decides on the CBI’s revision plea.
The judge passed the directions while hearing the CBI’s plea. She also issued notices to Kejriwal, Manish Sisodia, K Kavitha, and others on the CBI plea, directing them to file their replies by March 16, when the court will further hear the matter.
Solicitor General Tushar Mehta, on behalf of the CBI, claimed that the trial court order discharging Kejriwal and Sisodia was “perverse” and “turned the criminal law on its head”. Mehta claimed that the trial court passed “an order of acquittal” in favour of Kejriwal, Sisodia and others “without a trial”.
Hours after the Delhi High Court granted an interim stay on a lower court order directing departmental action against a CBI officer involved in the Excise Policy case, the BJP welcomed the court’s decision to admit a petition for a hearing.
The petition challenges the discharge of former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and other accused by a lower CBI court in the alleged liquor scam.
Delhi BJP President Virendra Sachdeva said the decision came after an extensive and reasoned hearing in the HC. “A life built on lies and deception is short. Judicial processes may take time, but ultimately the truth prevails,” he said. He added that whether the Kejriwal government was involved in the liquor scam in Delhi will now be determined in the HC after proper arguments.
Sachdeva said what the Delhi BJP had earlier stated and reiterates now: that it has full respect for the lower CBI court. However, he said the manner in which the HC stayed the remarks made by the CBI court against CBI officials raises questions over the lower court’s verdict.
He added that senior lawyers have pointed out several shortcomings in the lower court’s decision. Among the issues being discussed, he said, are the Delhi government’s alleged disregard of the report of the Ranjan Gogoi Committee, attempts by an accused, Zakir Khan, to influence public opinion through fake emails, and the alleged recovery of a `10 note—claimed to have been used for hawala payments during the Goa elections—from the phones of Kejriwal and Sisodia.
Meanwhile, the Aam Aadmi Party claimed that after facing a setback in the Rouse Avenue Court in the liquor case, the Central Bureau of Investigation (CBI) suffered another major blow on Monday as the
High Court refused to stay the trial court’s order discharging the senior party leaders, including Arvind Kejriwal and Manish Sisodia.
The opposition party claimed that the investigation agency had approached the High Court seeking a stay on the lower court’s decision, but the court clearly declined to halt the order, allowing the discharge granted by the Rouse Avenue Court to remain in force.
Following the development, AAP Delhi State President Saurabh Bharadwaj and Rajya Sabha MP Sanjay Singh reacted, stating that the High Court’s refusal to grant a stay marks a significant setback for the CBI. Taking to X, Bharadwaj stated,
“On Monday, the HC did not place any stay on the order of the Rouse Avenue Court in which all the accused, including Arvind Kejriwal, were discharged.” This is a setback for the CBI. At the same time, it is also a big setback for those who debate over ‘jhatka’ and ‘halal’. The AAP was fully confident that the CBI would return empty-handed from the High Court and that justice would be done for us.”
Meanwhile, senior AAP leader and Rajya Sabha MP Sanjay Singh stated, “It is a big setback for the CBI that the High Court has not placed any stay on the decision of the lower court. Therefore, the order of the Rouse Avenue CBI Court remains intact. We will take the complete details of the hearing in the High Court from the lawyers and prepare the next strategy accordingly.