New Delhi, March 16 – The Delhi High Court on Monday postponed the hearing on a petition filed by the Central Bureau of Investigation (CBI) challenging a trial court order that acquitted AAP National Convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the Delhi excise policy case.
A single-judge bench of Justice Swarana Kanta Sharma allowed the AAP leaders and other respondents time until April 5 to file their responses and scheduled the matter for further hearing on April 6.
In the meantime, Justice Sharma clarified that the earlier interim order in the matter would continue to be in effect.
The Delhi High Court was hearing a criminal revision petition filed by the CBI challenging the order of the Rouse Avenue Court, which had acquitted all 23 accused, including Kejriwal and Sisodia, in the corruption case linked to the now-scrapped excise policy introduced by the then AAP-led Delhi government.
During the hearing, senior advocate N. Hariharan, representing Kejriwal, argued that the former Delhi Chief Minister had approached the Supreme Court by filing a Special Leave Petition (SLP) challenging the Delhi High Court’s order staying the trial court’s remarks against a CBI officer who had investigated the case.
Representing the CBI, Solicitor General Tushar Mehta argued that the trial court’s acquittal order was unjustified and requested that the Delhi High Court examine the entire record.
The Centre's legal officer contended that justice had not been served and objected to the impugned order remaining on record.
He further alleged that Kejriwal harbored prejudice not only against the investigating agency but also against the judge hearing the matter.
It may be recalled that former Delhi CM Kejriwal had approached the Supreme Court challenging the decision of the Delhi High Court Chief Justice declining his request to transfer the hearing of the CBI’s revision petition from the bench of Justice Swarana Kanta Sharma.
Last week, the Delhi High Court had issued notice to the accused on the CBI’s plea and stayed the trial court’s direction ordering departmental action against a CBI officer who had investigated the case.
A single-judge bench of Justice Sharma had also stayed the remarks made against the Central agency and its officers.
The trial court, in a detailed judgment running into more than 1,100 paragraphs on February 27, had acquitted all the accused, rejecting the prosecution’s allegation of an overarching conspiracy and observing that the record suggested the excise policy was the outcome of a consultative and deliberative process.
However, the CBI has contended before the Delhi High Court that the acquittal order was legally flawed and amounted to an acquittal without trial, asserting that the policy was manipulated to benefit certain liquor traders in exchange for alleged bribes.