Excise policy case: Delhi HC asks AAP leaders to reply to CBI’s plea

Delhi HC seeks responses from AAP leaders in excise policy case as CBI challenges trial court's order to disclose unrelied documents.

The Delhi High Court on Friday sought responses from Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, and other accused in the Delhi excise policy case on a petition filed by the Central Bureau of Investigation (CBI), challenging a trial court order directing the agency to disclose certain unrelied documents.

AAP national convenor Arvind Kejriwal (PTI)

On May 22, the trial court had asked CBI to provide the accused with notices, written communications, and search and seizure memos issued during the investigation—even if these were not part of the evidence the agency intended to rely on in court. These were to be added to the list of unrelied documents and shared with the accused. The court also directed the investigating officer to submit an affidavit confirming that no such document had been omitted.

Justice Ravinder Dudeja, while hearing CBI’s petition, said, “Let them file their replies. I will pass orders. I will issue notice. So far as filing of the affidavits is concerned, that part I will be staying.” A formal stay on the affidavit directive is expected in the detailed order.

In its plea before the high court, CBI argued that such internal communications were investigative tools, not evidence, and compelling their disclosure would set a dangerous precedent, essentially altering criminal procedure. The agency contended that the trial court had no authority to issue such a directive.

Opposing CBI’s plea, advocate Aadith Pujari, representing accused Amandeep Singh Dhall, claimed the agency was attempting to withhold documents that could expose lapses in the investigation.

The case relates to alleged irregularities in Delhi’s now-withdrawn 2021-22 excise policy. The CBI began its probe in July 2022 following a recommendation by Delhi’s lieutenant governor.

Last year, the Enforcement Directorate (ED) had also moved the high court challenging a similar directive by the trial court to share unrelied digital evidence with the accused in digitised form.