CBI Files Appeal in Delhi High Court Against Discharge of Kejriwal and Sisodia
In a significant legal development, the Central Bureau of Investigation (CBI) has moved the Delhi High Court to challenge a trial court order that discharged Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia in the high-profile liquor policy corruption case. The appeal was filed on Friday, just hours after the trial court issued its discharge order, with the CBI contending that critical aspects of the investigation were overlooked.
CBI's Legal Grounds and Contention Points
According to agency sources, the CBI has identified multiple points of contention in its appeal. The federal agency argues that the special court failed to adequately consider the specific merits of the case at the charge-framing stage. A CBI spokesperson stated, "CBI has decided to appeal against the judgement of the trial court immediately in the high court." The Delhi High Court is expected to hear the petition as early as Saturday.
The CBI's appeal is likely to cite several key elements to bolster its case:
- Past court rulings and observations related to the liquor policy case.
- The report of the Comptroller and Auditor General (CAG) on alleged irregularities in the policy rollout.
- Observations made by the court while rejecting bail petitions of the accused, which the CBI claims indicate judicial agreement on prima facie evidence of crime.
Legal Recourse and Strategic Considerations
Following the trial court's verdict, CBI officials initially contemplated various legal options. Sources revealed that the agency considered filing a revision petition or challenging the order under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, which grants the high court inherent powers to prevent abuse of court process. This section corresponds to the erstwhile Section 482 of the Criminal Procedure Code (CrPC).
Another available recourse was a special leave petition in the Supreme Court. However, this option was weighed carefully given that the Supreme Court ruled last year that high courts can stay discharge orders only in rare cases where the order appears 'perverse'. The CBI is also likely to seek expungement of certain remarks made in the trial court order, including recommendations for departmental action against the investigating officer.
Background of the Liquor Policy Case
The case originated in August 2022 when the CBI filed a First Information Report (FIR) against then Deputy Chief Minister Manish Sisodia and others, including senior excise officials and ten liquor licensees with their associates. This action followed a reference from the Union Home Ministry regarding alleged irregularities in the framing and implementation of the now-scrapped excise policy. The CBI subsequently filed a chargesheet and supplementary reports, detailing the corruption charges.
The agency maintains that the trial court took due cognizance of the CBI's chargesheet, which implied judicial acknowledgment of prima facie evidence supporting the commission of crimes as presented by the investigation team. This point is expected to be a central argument in the CBI's high court appeal as it seeks to overturn the discharge order and potentially request a stay on its implementation.
