Kejriwal, Kavitha, Sisodia discharged in Delhi excise policy 'scam' case

In a major development, a Delhi court on Friday, February 27, discharged all 23 accused in the Delhi excise policy case, including former chief minister Arvind Kejriwal, former deputy chief minister Manish Sisodia and Telangana Jagruthi president and former MLC K Kavitha.

Special Judge Jitendra Singh passed the order, closing the case initiated by the Central Bureau of Investigation (CBI) over alleged irregularities in the now-scrapped 2021–22 excise policy.

No prima facie case, says court

The court held that no prima facie case was made out against any of the accused and ruled that there was no overarching conspiracy or criminal intent in the formulation of the excise policy.

It was observed that the prosecution’s case did not survive judicial scrutiny and that the CBI had attempted to construct a narrative of conspiracy based on conjecture.

CBI’s reliance on approver statements criticised

In strong remarks, the judge questioned the agency’s reliance on approver statements to build its case.

The court said granting a pardon to an accused and then using that person’s statements to fill gaps in the investigation and implicate additional individuals was improper.

“If such conduct is allowed, it would be a grave violation of Constitutional principles,” the court observed, adding that such an approach could not form the basis of criminal prosecution.

The judge also said a recommendation would be made for a departmental inquiry against CBI officials for making public servant Kuldeep Singh the number one accused in the case.

Background of the case

The case dates back to 2022, when the CBI registered an FIR alleging that the Delhi Excise Policy 2021–22 was manipulated to facilitate monopolisation and cartelisation of the liquor trade in the national capital.

The FIR was lodged following a complaint by Lieutenant Governor VK Saxena on July 20, 2022.

According to the CBI, leaders of the Aam Aadmi Party (AAP) had received kickbacks from liquor manufacturers due to alleged policy manipulation. The Enforcement Directorate (ED) subsequently registered a case under the Prevention of Money Laundering Act (PMLA) in connection with the matter.

Investigators had alleged that loopholes were “intentionally” created in the policy to favour certain licensees after the tender process.

Arrests and bail battle

Several opposition leaders, including Kejriwal and Sisodia, were arrested in the case and spent considerable time in jail after bail pleas were rejected by the trial court and the Delhi High Court. The Supreme Court later granted them relief.

The discharge order now brings the CBI’s case in the excise policy matter to a close, unless challenged before a higher court.

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