'Will End Up In Dustbin Like CBI Case': AAP's Saurabh Bharadwaj On Agency's Plea Challenging Discharge In Delhi Excise Policy Case

New Delhi: As the Delhi High Court today (March 9) said it will stay the remarks made against the investigating agency and officer in the discharge order in the Delhi Excise Policy case and directed the trial court to defer proceedings in the connected case under the Prevention of Money Laundering Act, Aadmi Party leader Saurabh Bharadwaj stated that the Rouse Avenue Court had determined that the alleged liquor scam lacked merit, labelling it fraudulent and unfit for trial. 

Subsequently, the court discharged the accused, he added.

BJP escalating situation 

AAP leader Bharadwaj further added that since that ruling, the BJP has been escalating the situation and even during today's proceedings, the High Court heard arguments only from the central government's counsel, while our legal team was yet to be heard. 

Despite this, the high court has notably declined to stay the trial court's original decision.

Meet the same fate?

The AAP leader also claimed that the central government also feared the case registered by the Enforcement Directorate could meet the same fate as the one filed by the Central Bureau of Investigation.

“They fear that the ED case will also end up in the dustbin like the CBI case,” Bharadwaj alleged, adding that authorities were therefore trying to pursue the ED proceedings.

He further claimed that the court had deferred the ED case as well and indicated that it could also face a stay.

What was the case?

The statement comes in after the Delhi High Court earlier today stayed the operation of adverse remarks made against the Central Bureau of Investigation (CBI) and its investigating officer in the trial court's order, which had discharged all 23 accused in the Delhi Excise Policy case. 

Additionally, the High Court directed the trial court to defer proceedings in the connected PMLA case until the matter is heard further.

Justice Swarna Kanta Sharma issued these directions while hearing the appeal filed by the CBI, which challenges the trial court's discharge order. The High Court has also issued notices to the respondents, as no representation appeared on their behalf during today's proceedings.

CBI's appeal contests lower court's order 

The CBI's appeal contests the lower court's order that cleared all 23 accused of the charges. 

Their appeal arises from a February 27 order passed by Special Judge Jitender Singh of the Rouse Avenue Court, who discharged all 23 accused in the case registered by the CBI in connection with the Delhi Excise Policy 2021-22. 

The trial court had held that no prima facie case was made out and that the prosecution's allegations of criminal conspiracy did not withstand judicial scrutiny. 

Challenging the order, the CBI has argued that the trial court misapplied settled principles governing the stage of framing of charge and undertook a detailed evaluation of evidence, which is impermissible at that preliminary stage. The agency has also contended that the court erred in its understanding of the law relating to approvers and in discounting material gathered during the investigation. 

The case concerns allegations that the now-withdrawn excise policy was framed to extend undue benefits to certain private licensees, resulting in alleged kickbacks and financial loss to the Delhi government. Among those discharged by the trial court are former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia.  

The High Court has scheduled the next hearing for March 16.

Also Read: Delhi High Court Stays Adverse Remarks Against CBI in Excise Policy Case, Issues Notice to Kejriwal, Sisodia