PTI
New Delhi
The Delhi High Court on Monday sought the stand of former Delhi chief minister Arvind Kejriwal, his deputy Manish Sisodia and 21 others on a petition by the CBI challenging their discharge in the liquor policy case by the trial court.
Justice Swarana Kanta Sharma issued notice to all the accused people and listed the CBI’s petition for hearing on March 16.
“Let a reply be filed,” ordered Justice Sharma.
The court said it would pass an order asking the trial court to defer proceedings to a later date in the connected money laundering case probed by the Enforcement Directorate to await the outcome in the present matter.
On a request made by Solicitor General Tushar Mehta on behalf of the investigating agency, the court further indicated that it would stay the operation of the “prejudicial” remarks by the trial court on the CBI officials.
Mehta urged the court to finally decide the CBI’s plea by fixing a time schedule for the hearing.
He contended that the trial court order discharging Kejriwal and Sisodia in the excise policy case was perverse and “turned the criminal law on its head”.
The excise policy case was one of the biggest scams and a clear case of corruption, he alleged.
“This is one of the biggest scams in the history of the capital of this nation and therefore, a national shame. Scientific investigation is carried out,” Mehta submitted.
Asserting that the trial court passed an order of acquittal in favour of Kejriwal, Sisodia and others without a trial, Mehta contented that meticulous evidence was collected by the agency to show conspiracy and bribery for a manipulated liquor policy, which “cannot be brushed away”.
There is enough evidence against Kejriwal, Sisodia and other accused for framing charges, and the CBI’s case was supported by the approvers and witnesses, he added.
Mehta submitted that the discharge order relied on the lack of “independent corroboration” for approver statements when such corroboration was not required at the stage of framing charges.
Requirement of corroboration for approver evidence applies at the stage of conviction and not at the stage of framing charges, he said.
He submitted that around 170 mobile phones were changed or destroyed by the accused and other related people during the period of the scam, and despite such destruction of evidence, the CBI recovered evidence to show the criminal conspiracy and the role of the accused persons.
Mehta said the material on record undeniably established a grave suspicion of a systematic criminal conspiracy among the accused to manipulate the Delhi Excise Policy 2021-22 for illegal gratification, which was followed by money laundering and utilisation of the proceeds for the AAP’s election expenditure for the Goa elections.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others, pulling up the CBI by saying its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
The trial court ruled that the alleged conspiracy was nothing more than a speculative construct resting on conjecture and surmise, devoid of any admissible evidence, and therefore, to compel the accused to face the rigours of a full-fledged criminal trial in the stark absence of any legally admissible material did not serve the ends of justice.
