A special court in Delhi on Friday (February 28) discharged all 23 accused in the Delhi Excise Policy case. Former Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia are also included in this list. The court said that prima facie there is no basis for any widespread conspiracy or criminal intention in the formulation of the Excise Policy 2021–22.
Special Judge (PC Act) Jitendra Singh, while dismissing the case filed by the Central Bureau of Investigation (CBI), said, “There was no major conspiracy or criminal intent in the excise policy.” The court made it clear that the prosecution’s case did not stand judicial test and the investigating agency tried to fabricate a conspiracy narrative based on mere speculation.
The court said in its order that prima facie no case is made out against any of the accused. Also, making a strong comment on the CBI’s investigative methodology, it said, “If such behavior is allowed, it would be a serious violation of the principles of the Constitution. The practice of pardoning an accused and then turning him into a government witness, using his statements to fill in the gaps in the investigation/story and make more people accused, is wrong.”
The court also directed that a departmental inquiry be initiated against the CBI officers concerned in connection with the manner in which Kuldeep Singh, a public servant, was made accused number one in the case.
Background: What was the matter?
In November 2021, the Delhi government had implemented a new liquor policy. In June 2022, Delhi Pradesh Congress Committee filed a complaint against this policy. In July 2022, the Chief Secretary of Delhi drew attention to alleged irregularities in the policy. After this the Lieutenant Governor of Delhi recommended a CBI investigation.
The CBI registered the case and later the Enforcement Directorate (ED) initiated investigation under the Prevention of Money Laundering Act (PMLA). During this period many arrests were made, including Kejriwal and Sisodia.
Now after the latest order of the court, all the accused in this much discussed case have got relief. Reactions from various parties and experts are emerging regarding the political and legal impact of the decision, while the debate on the functioning of the investigating agencies has also intensified.
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