In the Delhi Excise Policy case, CBI has filed a petition in the Delhi High Court, calling the lower court’s decision against the law. The agency has challenged the court’s order acquitting all the accused and sought re-review of the case. CBI argues that the trial court gave this order despite sufficient evidence and interpretation of the law, which is not justified. The next hearing of the case has been fixed for March 9 in Delhi High Court. In monitoring and hearing this case, the High Court will decide whether the decision to acquit the accused was right or whether the petition of CBI will be accepted.
In the Delhi Excise Policy case, CBI has filed a 974-page revision petition in the Delhi High Court against the trial court order. The trial court had acquitted all the accused in the case, but CBI says that this decision is wrong both in terms of facts and law. The agency has alleged that on February 27, Special Judge Jitendra Singh conducted a kind of “mini trial” at the initial stage of framing charges. According to CBI, examining the evidence in such depth at this stage is not the correct procedure in law.
CBI says that the trial court misjudged the evidence and hence ordered the acquittal of all the accused. The agency has appealed to the court to review this decision and take appropriate legal action.
Questions raised on the method of investigation
The CBI, in its revision petition filed in the Delhi High Court against the order of the trial court, has said that instead of looking at the entire alleged conspiracy case as a whole, the lower court examined it by dividing it into separate parts, due to which the true picture of the entire case of the agency could not be revealed. The CBI has also alleged that at the stage of framing of charges, the duty of the court was only to see whether a prima facie case was made out or not, but the trial court adopted a final finding approach by doing a detailed analysis. The agency says that this approach is not in accordance with the legal procedure and hence the order of acquittal of all the accused was wrongly given.
Objection to remarks against CBI officer
According to sources, the trial court had recommended departmental action against the CBI officer investigating the case, which the agency called shocking and inappropriate. CBI says that such instructions were given without sufficient basis and this may affect the fairness of the investigation process. The agency has appealed to the court to review the legality and propriety of both the trial court’s order and the remarks of the investigating officer.
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