Delhi Excise Policy Case: CBI to move Delhi High Court, challenging order discharging Kejriwal, Sisodia

The Central Bureau of Investigation (CBI) will "immediately" approach the Delhi High Court challenging a trial court order discharging Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia, along with 21 others, in the Delhi excise policy case, officials said on Friday.

According to news agencies, the move comes after the Rouse Avenue Court refused to take cognisance of the CBI chargesheet, observing that the alleged central conspiratorial role of the AAP leaders could not be substantiated. The court said the allegations had “failed judicial scrutiny” and found “no criminal intent” on the part of Sisodia, adding that the conspiracy theory “cannot survive against one constitutional authority”.

Also Read: 'Conspiracy Theory': Why court gave clean chit to Arvind Kejriwal, Manish Sisodia in liquor scam case


The CBI said several aspects of the probe were either ignored or not considered adequately by the trial court, PTI reported. During arguments, represented by Additional Solicitor General D P Singh and advocate Manu Mishra, the agency maintained that the offence of criminal conspiracy must be viewed in its entirety and that the sufficiency of evidence should be tested during trial. It argued there was adequate material to frame charges against all the accused.

Special Judge Jitendra Singh rapped the agency for lapses in the investigation and recommended a departmental inquiry against the investigation officer. The court said there was no cogent evidence against Kejriwal and no prima facie case against Sisodia and the other accused.

“The chargesheet suffers from internal contradictions, striking at the root of conspiracy theory,” the judge said, underlining the absence of an overarching conspiracy or criminal intent in the formulation of the now-scrapped excise policy.

The court also criticised the agency for building its case on approver statements. “If such conduct is allowed, it would be a grave violation of the Constitutional principles,” it said, cautioning against using pardoned accused as approvers to fill gaps in the investigation and implicate additional persons.

The CBI had filed its first chargesheet in 2022, followed by multiple supplementary chargesheets, alleging that Rs 100 crore was paid by a “south lobby” to influence the excise policy in its favour. In total, 23 accused were chargesheeted, including Kejriwal, Sisodia and Telangana Jagruthi president K. Kavitha, who was also discharged.

Also Read: Arvind Kejriwal breaks down after discharge in Delhi excise policy case; watch video

Following his discharge, Kejriwal broke down outside the courtroom and said he was not corrupt, adding that the court had described him and Sisodia as “honest”.

He also accused Prime Minister Narendra Modi and Union Home Minister Amit Shah of hatching a political conspiracy to finish the AAP, a charge the BJP has repeatedly denied.

The CBI has been probing alleged corruption in the formulation and execution of the erstwhile AAP government’s excise policy, which was later scrapped. The agency is now set to challenge the discharge order before the Delhi High Court.