Kejriwal, Sisodia seek dismissal of CBI's 'hurried' petition in liquor policy case

The Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia have approached the Delhi High Court seeking the dismissal of the Central Bureau of Investigation's (CBI) revision petition against their discharge in the liquor policy case. In separate applications, the former Delhi Chief Minister and former Deputy Chief Minister have argued that the CBI's petition was filed with “unprecedented haste” and in the “most unserious manner”.

The applications, filed through their legal counsel, note that the CBI moved the High Court within just four hours of the trial court's order discharging them and 21 others. The discharge judgment, they point out, runs into more than 500 pages. The CBI's petition does not reference a single paragraph from the 1,133 paragraphs of the judgment to demonstrate how the order was perverse or irregular, the leaders have said.

Mr. Kejriwal and Mr. Sisodia have also questioned the maintainability of the CBI's revision petition, stating that they have been unable to discern the agency's case against them. They have asked the court to dismiss the petition in its present form, citing the absence of supporting material and specific averments. The trial court, they said, had heard the matter in detail for more than three months before delivering its judgment.

The case pertains to alleged irregularities in the formulation and implementation of the now-scrapped Delhi excise policy for 2021-22. The policy, introduced in November 2021, was withdrawn in July 2022 amid allegations of corruption. The CBI and the Enforcement Directorate (ED) registered cases after the then Lieutenant Governor of Delhi recommended a probe into the policy.

On February 27, the trial court discharged Mr. Kejriwal, Mr. Sisodia, and 21 other accused, ruling that the case “stood discredited in its entirety” and was “wholly unable to survive judicial scrutiny.” The discharge came after detailed arguments from all sides, with the court noting the lack of credible evidence against the accused.

The CBI, in its revision petition before the High Court, has challenged the discharge order as “patently illegal, perverse and suffered from errors.” The agency has argued that the trial court failed to appreciate the evidence on record and overlooked material facts that warranted a trial.

Justice Manoj Jain of the Delhi High Court is scheduled to hear the CBI's petition on August 17 and 18. The two AAP leaders have consistently denied any wrongdoing in the matter, calling the investigations politically motivated.

This legal battle holds significant implications for both leaders, who have faced multiple probes in connection with the excise policy case. The outcome of the High Court hearing will determine whether the accused face trial or the discharge order stands, a decision that could have wider political ramifications in the national capital.