NEW DELHI: A Rouse Avenue Court on Friday discharged former Delhi chief minister Arvind Kejriwal, former deputy chief minister Manish Sisodia and 21 others in the Delhi excise policy case, refusing to take cognisance of the CBI’s chargesheet.The order was delivered by Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court.

Why Delhi court discharged Kejriwal, Sisodia?

The Delhi court held that there was “no cogent” evidence against Kejriwal and “no prima facie” case against Sisodia or the other accused. The court pulled up the CBI by saying “there was no overarching conspiracy or criminal intent in the excise policy,” PTI reported quoting the judge as saying.It observed that the “voluminous” chargesheet filed by the agency contained several lacunae and was not corroborated by evidence or witness testimony.“… The chargesheet suffers from internal contradictions, striking at the root of conspiracy theory,” PTI reported quoting the judge.The court noted that in the absence of evidence, the allegations against Kejriwal could not be sustained and that the former chief minister had been implicated without any cogent material.The order stated that the allegations “failed judicial scrutiny” and found “no criminal intent” on the part of Manish Sisodia. It added that the conspiracy theory “cannot survive against one constitutional authority.”The court also strongly criticised the investigative approach adopted by the CBI, particularly its reliance on approver statements. It observed that granting pardon to an accused, turning him into an approver, and then using his statements to fill gaps in the investigation or rope in additional accused persons was improper.Also read: ‘I am kattar imaandaar’: Arvind Kejriwal breaks down after clean chit in Delhi excise policy case“If such conduct is allowed, it would be a grave violation of the Constitutional principles. The conduct where an accused is granted pardon and then made an approver, his statements used to fill the gaps in the investigation/narrative and make additional people accused is wrong,” the court said.According to the court, the prosecution’s theory was based on “conjecture rather than concrete evidence” and failed to withstand judicial scrutiny. The judge concluded that no prima facie case was made out against any of the 23 accused and ordered their discharge.The court also said it would recommend a departmental inquiry against CBI officials for making public servant Kuldeep Singh the accused number one in the case. “No material found against you. I am surprised why you are implicated,” ANI quoted the judge as saying.Advocate Vivek Jain, counsel for AAP convenor Arvind Kejriwal, said the court had carefully examined the record.“The court has said that it meticulously went through all evidence produced by CBI and not a shred of allegation can be said to cross the threshold of charge. The court has discharged them, saying that there is no allegation which can be held to be true in this matter. The court has also said that the framing of the excise policy was done through institutional safeguards, and there cannot be any doubt on the mannerism and the way the policy has been framed,” he told ANI.According to the court, the prosecution’s theory was based on “conjecture” rather than “concrete evidence” and failed to withstand judicial scrutiny. The judge concluded that no prima facie case was made out against any of the 23 accused and ordered their discharge.However, sources in the probe agency told ANI that the CBI will approach the Delhi High Court to challenge the Rouse Avenue Court’s judgment discharging Kejriwal and Sisodia.Reacting to the verdict outside the court, Kejriwal said, ” Today, the court has discharged all accused in this case. We always said that the truth emerges victorious. We have full faith in the Indian legal system. Amit Shah and Modi ji together hatched the biggest political conspiracy to finish AAP and 5 big leaders of the party were put in jail.”“The sitting CM was dragged out of his house and put in jail. Kejriwal is not corrupt. I have only earned honesty in my life. Today, the court has said that Kejriwal, Manish Sisodia and AAP are honest,” he added.Also read: Delhi excise policy case: Ex-Delhi CM Arvind Kejriwal, former dy CM Manish Sisodia acquitted

What is the case about?

The case stemmed from alleged corruption in the Delhi Excise Policy 2021–22 introduced by the Aam Aadmi Party (AAP) government and later scrapped.The CBI registered an FIR in August 2022 following a complaint by Delhi Lieutenant Governor V K Saxena. The agency alleged that irregularities were committed in the formulation and implementation of the excise policy.According to the CBI, the policy was designed to favour select private liquor entities by reducing licence fees and fixing profit margins, leading to kickbacks and financial losses to the Delhi government. The agency further claimed that alleged loopholes were intentionally created after the tender process to extend undue advantage to specific licensees.It claimed that a criminal conspiracy was hatched during the policy’s formulation and that Rs 100 crore was paid by a “south lobby” to influence the policy.In total, chargesheet was filed against 23 people in the case, including Arvind Kejriwal, Manish Sisodia, K Kavitha, Kuldeep Singh, Narender Singh, Vijay Nair, Abhishek Boinpally, Arun Ramchandra Pillai, Mootha Goutam, Sameer Mahendru, Amandeep Singh Dhall, Arjun Pandey, Butchibabu Gornatla, Rakesh Joshi, Damodar Prasad Sharma, Prince Kumar, Chanpreet Singh Rayat, Arvind Kumar Singh, Durgesh Pathak, Amit Arora, Vinod Chauhan, Ashish Mathur, and P Sarath Chadra Reddy.