Delhi: Court hearing begins in framing of charges in CBI’s excise policy case

The proceedings were carried out despite strong opposition from the defence counsel that sought to defer the proceedings arguing that the probe was still on

A Delhi court on Wednesday has started hearing the arguments on framing charges against the accused in the case registered by the Central Bureau of Investigation (CBI) — as part of its probe into the alleged irregularities in the formation and implementation of the Delhi liquor excise policy 2021-2022.

AAP Party leader Manish Sisodia arrives home from Tihar jail to meet his wife on April 17. (Vipin Kumar/HT photo)

The proceedings were carried out despite strong opposition from the defence counsel that sought to defer the proceedings arguing that the probe was still on.

The lawyers, appearing for the sixteen accused named in the case registered by CBI, submitted that the arguments on framing of charges cannot be heard by the court as the investigation was ongoing and a fresh arrest was made.

“I have moved an application for postponement of charge because the investigation in the case is ongoing and recently an arrest has been made and statements under section 164 of the Code of Criminal Procedure (CrPC) have been recorded,” submitted advocate Rajat Bharadwaj, appearing for one of the accused Rajesh Joshi.

Relying upon the order passed by the predecessor judge (MK Nagpal) on March 22, 2024, the defence counsel averred that liberty was granted to the accused and that if any fresh arrest was made or any fresh supplementary chargesheet was filed, the court may stop or halt the framing of charges till the document is filed, its copies supplied to all the accused persons and it is scrutinised.

It was also pointed out that the order was passed on March 22 and Bharat Rashtra Samithi (BRS) leader K Kavitha was arrested by the agency on April 11, adding that the investigation in the case is not complete and a supplementary chargesheet will also be filed in the case.

Advocate Pankaj Gupta, the public prosecutor appearing for CBI, opposed the submissions and said these arguments were made before the predecessor judge and, after considering the arguments, the order was passed in March allowing to go forward with the framing of charges. He also argued that the arguments on charges are against the accused against whom the investigation is complete, and not against any new accused.

The court has now sought a response from CBI on the application moved seeking to defer the arguments on the charge. However, the court also allowed CBI to begin its argument on the issue of the framing of charges.

The court after briefly hearing the submissions of the agency posted the matter for May 7. The court also extended the judicial custody of Delhi’s former deputy chief minister Manish Sisodia and other accused till May 7.

CBI has named 16 people as accused in the three chargesheets filed in the case. The agency recently arrested K Kavitha, the daughter of former Telangana chief minister K Chandrashekhar Rao, on April 11, while she was lodged in Tihar jail under judicial custody in the parallel case registered by the Enforcement Directorate (ED).