Kejriwal Requests Transfer of Liquor Policy Case to Different Bench
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New Delhi, March 11 (NationPress) AAP's National Convenor, Arvind Kejriwal, has formally requested the Chief Justice of the Delhi High Court to reassign the Central Bureau of Investigation's (CBI) revision petition concerning the Delhi excise policy case from the current Bench led by Justice Swarna Kanta Sharma.
In his appeal, former Chief Minister Kejriwal asked Chief Justice Devendra Kumar Upadhyaya, who oversees the roster, to assign the matter to another Bench within the Delhi High Court.
The CBI's petition challenges the Rouse Avenue Court's decision that discharged all 23 defendants, including Kejriwal and former Deputy Chief Minister Manish Sisodia, linked to the now-defunct excise policy enacted by the previous AAP-led Delhi administration.
This week, a single-judge Bench under Justice Sharma issued a notice to Kejriwal, Sisodia, and other parties regarding the CBI's challenge to the trial court's ruling that discharged the accused.
During the proceedings, the Delhi High Court also put a hold on the trial court's directive for departmental action against a CBI officer involved in the investigation, stating that any comments made against the agency and the officer would also be stayed.
The Delhi High Court indicated that it would revisit the issue for further discussions next week.
Additionally, Justice Sharma's Bench on Tuesday acknowledged a plea from the Enforcement Directorate (ED) requesting the removal of certain negative remarks made by the trial court concerning it while discharging the accused in the excise policy case.
The ED argued that such observations were unrelated to the case at hand and were made despite the agency not being a participant in the trial court when the discharge was ordered.
Additional Solicitor General S.V. Raju contended that the remarks were recorded without allowing the ED to present its side, potentially undermining its ongoing investigation under the Prevention of Money Laundering Act (PMLA).
Justice Sharma stated that the Delhi High Court would address the ED's concerns alongside the CBI's revision petition since the entire judgment from the trial court was already under scrutiny.
In its petition, the CBI criticized the trial court's decision to discharge all accused, labeling the ruling as "perverse" and tantamount to an acquittal without a trial.
The investigation agency alleged that the excise policy was purportedly manipulated to favor certain private liquor businesses, including the so-called 'South Group', in exchange for purported upfront bribes.
Conversely, the trial court dismissed the prosecution’s claims of a grand conspiracy, asserting that the available documentation suggested that the policy was developed through a consultative and deliberative process conducted within the established procedure.