Delhi HC issues fresh notices to Kejriwal, Sisodia in excise policy case
Synopsis
Key Takeaways
The Delhi High Court on Tuesday, 19 May issued fresh notices to Aam Aadmi Party (AAP) national convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and AAP leader Durgesh Pathak in a plea filed by the Central Bureau of Investigation (CBI) challenging their discharge in the alleged Delhi excise policy corruption case. The notices were issued by a single-judge Bench of Justice Manoj Jain after several respondents failed to appear or file replies despite repeated listings.
What Happened in Court
Appearing for the CBI, Solicitor General Tushar Mehta submitted that all respondents had been duly served and granted multiple opportunities to file their replies. He urged the court to hear the matter expeditiously, contending that the trial court's discharge order 'cannot stand scrutiny of law' and that the case involves serious allegations.
Taking note of the continued absence of some respondents, Justice Jain directed the issuance of fresh notices to ensure participation of all parties. The court also directed SG Mehta to inform Kejriwal, Sisodia, and Pathak of the transfer of the CBI's revision petition to Justice Jain's Bench. The matter is now listed for further hearing on 25 May at 2:30 pm.
Why the Case Was Transferred
The case came before Justice Jain after its reassignment from Justice Swarana Kanta Sharma, who had earlier been hearing the CBI's revision petition. The transfer followed Justice Sharma's initiation of contempt proceedings over the alleged circulation of 'vilifying and defamatory' material against the judiciary in connection with the excise policy case.
Notably, Kejriwal, Sisodia, and Pathak had earlier abstained from participating in proceedings before Justice Sharma after their recusal plea was rejected.
Background: The Trial Court's Discharge Order
The trial court, in a judgment spanning over 1,100 paragraphs, had discharged all accused persons, holding that the now-scrapped excise policy was the result of a consultative process and that the prosecution failed to establish any overarching conspiracy. In its revision plea before the Delhi High Court, the CBI has alleged that the policy was manipulated to favour select liquor traders in exchange for kickbacks.
Contempt Proceedings Run Parallel
In a separate but related development on the same day, a Division Bench of Justices Navin Chawla and Ravinder Dudeja issued notices to Kejriwal, Sisodia, Rajya Sabha MP Sanjay Singh, and AAP leaders Saurabh Bharadwaj and Vinay Mishra in criminal contempt proceedings. The contempt case pertains to alleged attempts to scandalise the judiciary in connection with the excise policy case.
The Justice Chawla-led Bench granted four weeks to the alleged contemnors to file their replies and listed the matter for further hearing on 4 August. No counsel appeared on behalf of the alleged contemnors, and the court indicated it may appoint an amicus curiae to assist in adjudicating the criminal contempt case.
With two separate benches now hearing interlinked proceedings, the legal pressure on AAP's top leadership is set to intensify in the weeks ahead.