New Delhi: The Delhi High Court on Monday deferred the hearing on a plea filed by the Central Bureau of Investigation (CBI) challenging a trial court order discharging AAP National Convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and 21 others in the Delhi excise policy case.
A single-judge Bench of Justice Swarana Kanta Sharma allowed the AAP leaders and other respondents time till April 5 to file their replies and listed the matter for further hearing on April 6.
In the meantime, Justice Sharma clarified that the earlier interim order passed in the matter would continue to remain in operation.
The Delhi High Court was hearing a criminal revision petition filed by the CBI challenging the order of the Rouse Avenue Court, which had discharged all 23 accused, including Kejriwal and Sisodia, in the corruption case linked to the now-scrapped excise policy introduced by the then AAP-led Delhi government.
During the hearing, senior advocate N. Hariharan, appearing for Kejriwal, submitted that the former Delhi Chief Minister has approached the Supreme Court by filing a Special Leave Petition (SLP) challenging the Delhi High Court’s order staying the trial court’s remarks against a CBI officer who had investigated the case.
Appearing for the CBI, Solicitor General Tushar Mehta submitted that the trial court’s order discharging the accused was not justified and submitted that the entire record should be examined by the Delhi High Court.
The Centre’s law officer contended that justice had not been done and objected to the impugned order remaining on record.
He further alleged that Kejriwal was harbouring prejudice not only against the investigating agency but also against the judge hearing the matter.
It may be recalled that former Delhi CM Kejriwal has approached the Supreme Court challenging the decision of the Delhi High Court Chief Justice declining his request to transfer the hearing of the CBI’s revision petition from the Bench of Justice Swarana Kanta Sharma.
Last week, the Delhi High Court had issued notice to the accused on the CBI’s plea and stayed the trial court’s direction ordering departmental action against a CBI officer who had investigated the case.
A single-judge Bench of Justice Sharma had also stayed the remarks made against the Central agency and its officers.
The trial court, in a detailed judgment running into more than 1,100 paragraphs on February 27, had discharged all the accused, rejecting the prosecution’s allegation of an overarching conspiracy and observing that the record suggested the excise policy was the outcome of a consultative and deliberative process.
However, the CBI has contended before the Delhi High Court that the discharge order was legally flawed and amounted to an acquittal without trial, asserting that the policy was manipulated to benefit certain liquor traders in exchange for alleged bribes.
(IANS)
