Former Delhi chief minister (CM) Arvind Kejriwal and ex-deputy CM Manish Sisodia have moved the Delhi high court seeking dismissal of the Central Bureau of Investigation (CBI’s) appeal challenging trial court’s order discharging them in the excise policy case.
In their application filed on Wednesday, days before the high court scheduled hearing CBI arguments on August 17, Kejriwal and Sisodia argued that the agency filed the appeal with “unprecedented haste” and in a manner that reflected a lack of seriousness.
They contended that the appeal was filed within four hours of the trial court’s discharge order, which runs into more than 500 pages.
According to the two leaders, the speed with which the CBI preferred the appeal “manifestly shows” that the agency could not have properly appreciated or considered the detailed findings and reasoning contained in the discharge judgment.
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“That the entire Revision Petition is sans pointing out any specific finding/paragraphs of the discharge order which according to CBI show the perversity. Hence the present Petition fails the test of a Revision Petition being filed under Section 442 BNSS. The present Petition is nothing but an Appeal which is filed in garb of the Revision Petition,” the application stated.
{{/usCountry}}“That the entire Revision Petition is sans pointing out any specific finding/paragraphs of the discharge order which according to CBI show the perversity. Hence the present Petition fails the test of a Revision Petition being filed under Section 442 BNSS. The present Petition is nothing but an Appeal which is filed in garb of the Revision Petition,” the application stated.
{{/usCountry}}It further submitted that the CBI’s petition fails to make specific allegations against each accused, including how the discharge order was passed without evidence, what material evidence was allegedly ignored in relation to a particular accused or which specific finding, paragraph in the judgment reflects an arbitrary or perverse exercise of judicial discretion.
“The CBI has also failed to produce any evidence, materials or documents with the present revision petition to show the perversity in the order of discharge. The present petition is incomplete as it is without the material being relied upon and the specific averments in the order of discharge and hence it is liable to be dismissed in the present form,” the application added.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others, holding that the CBI’s material did not even disclose a prima facie case, prompting the agency to challenge the order before the HC.