The Delhi High Court is scheduled to hear next week a petition filed by the Central Bureau of Investigation (CBI) challenging a trial court order that discharged AAP national convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the 2022 Delhi excise policy case.

As per the cause list published on the High Court’s website, the matter will be heard by a single-judge Bench of Justice Swarnakanta Sharma on March 9.

CBI Challenges Rouse Avenue Court Order

The CBI has filed a criminal revision petition against the detailed order of the Rouse Avenue Court, which declined to frame charges against all 23 accused. The trial court held that the prosecution failed to make out even a prima facie case warranting a trial.

On February 27, Special Judge (PC Act) Jitendra Singh, in an order spanning over 1,100 paragraphs, ruled that the CBI’s case was “wholly unable to survive judicial scrutiny” and stood “discredited in its entirety”.

No ‘Grave Suspicion’ Found Against Accused

After examining extensive records and statements of nearly 300 prosecution witnesses, the trial court observed that no material emerged to even raise a “grave suspicion” against the accused.

It further noted that forcing them to face a full-fledged trial in the absence of legally admissible evidence would amount to a “manifest miscarriage of justice” and an abuse of the criminal process.

Background of the Delhi Excise Policy Case

The case relates to the Delhi Excise Policy 2021–22 introduced by the then AAP-led government, which was later withdrawn following allegations of corruption and kickbacks.

The CBI alleged that the policy was designed to benefit certain private liquor entities, including the so-called “South Group”, in return for alleged bribes meant for electoral purposes. It also claimed that irregularities in the formulation and implementation of the policy led to undue benefits for licensees and losses to the public exchequer.

However, the trial court rejected the agency’s “overarching conspiracy” theory, stating that records showed the policy was formulated through a consultative and deliberative process in line with prescribed procedures.

Political Reactions After Discharge Order

Following the discharge order, Kejriwal termed the case “false and fabricated” and said “Satyamev Jayate”, expressing faith in the judiciary. Sisodia was seen consoling him outside the court amid the presence of party supporters.

Reacting to the development, former Delhi BJP president and MP Manoj Tiwari said celebrations within the AAP could be premature as the CBI’s challenge before the High Court might overturn the trial court’s ruling.

At a press conference, Tiwari alleged destruction of SIM cards and mobile phones and questioned why the excise policy was withdrawn if it was legally sound. He also referred to earlier proceedings before the Supreme Court of India, claiming that bail conditions had earlier restricted Kejriwal’s functioning.

“This is not just a legal issue, but a matter of public trust. The people of Delhi have the right to know the complete truth,” Tiwari said, adding that the BJP would continue to pursue the matter politically and legally.