Case doesn’t survive judicial scrutiny: Court exonerates Kejriwal, Sisodia in excise case

The judge orally noted that it found no material at all against the accused persons to support the prosecution’s evidence

A Delhi court on Friday exonerated 23 accused persons, including former Delhi Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia, in connection with the Central Bureau of Investigation’s (CBI) excise policy case lodged in 2022, alleging conspiracy and corruption in the liquor policy’s formulation.

A detailed order in the matter is awaited. (PTI sourced from third party)

The order was passed by special judge Jitender Singh of Rouse Avenue Court.

The judge orally noted that it found no material at all against the accused persons to support the prosecution’s evidence.

The court said that the prosecution’s case suffers from several internal contradictions that strike at the very heart of the conspiracy alleged in the policy.

“The case does not survive judicial scrutiny,” the court said.

The judge further remarked, “There are misleading projections in the chargesheet…it (chargesheet) has so many lacunas which do not support the evidence”.

A detailed order in the matter is awaited.

The judge also questioned the investigating officer of the case for mentioning the word ‘south group’ in its chargesheet.

“If the same chargesheet would have been filed in a court in Chennai, it would have been perceived offensive,” the judge remarked, adding that it should be avoided.

Kejriwal along with 22 others, including former deputy CM Manish Sisodia, are facing prosecution in the multi-crore excise policy cases, with both the CBI and Enforcement DIrectorate (ED) alleging that the Delhi government’s 2021-22 liquor policy was designed to favour certain licensees in exchange for kickbacks, allegedly routed into the Aam Aadmi Party’s (AAP) Goa campaign.

The CBI’s case was registered in August 2022 under the Indian Penal Code (IPC) sections pertaining to criminal conspiracy, cheating and causing disappearance of evidence, apart from sections punishable under The Prevention of Corruption Act. It accuses Kejriwal and others of having direct involvement in the policy’s formulation.

A total of three chargesheets have been filed by the CBI in the case, till July 2024. While the first chargesheet names lower level officials and businessmen, the second supplementary chargesheet named Kejriwal, alleging his direct involvement in the conspiracy.

The ED’s case, registered under the Prevention of Money Laundering Act (PMLA) in the same year, probes a broader conspiracy involving hawala transfers and shell companies.

Both the federal agencies acted in response to Lieutenant Governor VK Saxena recommending a probe into alleged irregularities in the formulation and implementation of the policy.

Kejriwal and the AAP have denied the charges, calling them politically motivated.

Kejriwal was arrested by the ED on March 21, 2024, and later by the CBI. The Supreme Court granted him interim bail on May 10 to campaign for the Lok Sabha elections.

He surrendered on June 2 according to court orders. He was later granted interim bail in both ED and CBI cases, with courts affirming the principle that “bail is the rule, jail is the exception,” and stressing the importance of personal liberty in the absence of risk to public interest or judicial process.