Delhi High Court Grants Time to Kejriwal and Sisodia in CBI Excise Policy Case Plea
The Delhi High Court has provided additional time to Aam Aadmi Party (AAP) national convener Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, along with other respondents, to submit their replies to a petition filed by the Central Bureau of Investigation (CBI). The CBI is challenging the discharge of the accused in a corruption case linked to the alleged Delhi excise policy scam. The court has scheduled the next hearing for April 6, 2026.
Court Proceedings and Legal Arguments
During the hearing on Monday, Justice Swarana Kanta Sharma inquired whether the respondents intended to seek an adjournment to file their responses. Senior advocate N Hariharan, representing Kejriwal, informed the court that the AAP leader had filed a special leave petition (SLP) in the Supreme Court. This SLP contests the high court's earlier order that stayed certain remarks made by the trial court against a CBI officer.
Solicitor General Tushar Mehta, appearing for the CBI, stated that the respondents were free to challenge the high court's order before the Supreme Court. However, he argued that if the pending petition was being used to request an adjournment, the respondents should ensure it is listed before the apex court within a week. Mehta emphasized that the issue extends beyond purely legal questions and insisted that the challenged order should not remain on record longer than necessary. He strongly objected to the trial court's findings, highlighting the need for urgent consideration of the matter.
Court's Decision and Further Developments
Despite the CBI's opposition, the court allowed the respondents to file their replies and posted the matter for further hearing after two weeks. The interim order issued by the court will continue to be in effect. The court also recorded Hariharan's submission that Kejriwal had filed both an SLP and a writ petition before the Supreme Court. This action followed the high court's rejection of Kejriwal's request to transfer the case from Justice Sharma's Bench to another judge.
Mehta opposed the adjournment request, alleging that similar tactics had been employed by litigants in the past to make allegations and then avoid proceedings. He argued that such conduct should not be encouraged, as it could be detrimental to the judicial system. The controversy originated when Kejriwal wrote to the Chief Justice of the high court, seeking a transfer of the case to another Bench due to concerns about impartiality. After this request was declined, Kejriwal moved the Supreme Court under Article 32 of the Constitution.
Background of the Excise Policy Case
The case stems from the Delhi Government's excise policy for the 2021-22 period, which was later withdrawn following allegations of irregularities. In February, a trial court discharged all 23 accused, including Kejriwal, Sisodia, and K Kavitha, while also criticizing aspects of the CBI's investigation. The CBI subsequently challenged this discharge order before the Delhi High Court, leading to the current legal proceedings.
