Excise policy case: CBI opposes order discharging Kejriwal in Delhi HC
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New Delhi: The CBI on Monday told the Delhi High Court that the trial court’s order discharging Delhi Chief Minister Arvind Kejriwal and other accused in the excise policy case “cannot remain on record even for a second more than what is necessary,” according to Live Law.
The solicitor general, Tushar Mehta, said that while it was Kejriwal’s right to challenge the High Court order, if the plea in the Supreme Court was being cited as a reason for adjournment, he must ensure that the petition is listed this week.
Mehta also contended that seeking a reply from the AAP leaders was unnecessary, as the entire record of the trial court was available, PTI reported. He demanded that Kejriwal and the other respondents should not be given more than a week to file their responses.
“We seriously object to the order,” Mehta told the High Court. “It cannot remain on record even for a second more than what is necessary.” He described the trial court’s order discharging all accused as “perverse”, arguing that its existence prejudices the system.
Despite the CBI’s objections, the High Court granted the respondents two weeks to file their replies.
The trial court had passed the order discharging all accused on February 27, stating that the CBI had implicated Kejriwal and AAP leader Manish Sisodia without any cogent material. The court highlighted gaps in the chargesheet, noting that several allegations were unsupported by witnesses or statements.
The trial court had also recommended a departmental inquiry against CBI officials who had made a public servant the primary accused. It concluded that there was no overarching conspiracy or criminal intent behind the excise policy.
The CBI has filed an appeal against the trial court’s order.
Earlier, Kejriwal had requested the High Court to transfer the case from Justice Swarana Kanta Sharma to another bench, but the request was rejected by Chief Justice Devendra Kumar Upadhyay, according to Live Law.
