Why court cleared Arvind Kejriwal in excise policy case and what happens next

Arvind Kejriwal

• Kejriwal, Sisodia, and 21 others discharged in excise policy case
• Court found no evidence or criminal intent against the accused
• CBI plans to challenge the discharge order in Delhi High Court

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A major relief for AAP chief and former Delhi chief minister Arvind Kejriwal came on Friday after a Delhi court discharged him, former deputy chief minister Manish Sisodia and 21 others in the Delhi excise policy case.

The order was delivered by Special Judge (PC Act) Jitender Singh at the Rouse Avenue Court, which refused to take cognisance of the CBI’s chargesheet.

Why did the court discharge Kejriwal and Sisodia?

The court held that there was “no cogent” evidence against Kejriwal and “no prima facie” case against Sisodia or the other accused.

According to PTI, the judge observed that there was “no overarching conspiracy or criminal intent in the excise policy.” The court said the “voluminous” chargesheet filed by the Central Bureau of Investigation 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 quoted the judge as saying.

The court further noted that in the absence of evidence, the allegations against Kejriwal could not be sustained and that he had been implicated without any cogent material. It ruled that the allegations “failed judicial scrutiny” and found “no criminal intent” on the part of Sisodia.

It also remarked that the conspiracy theory “cannot survive against one constitutional authority.”

Court criticises CBI’s approach

The court strongly criticised the investigative approach adopted by the CBI, especially its reliance on approver statements.

It was observed that granting pardon to an accused, turning him into an approver and then using his statements to fill gaps in the investigation or implicate additional accused persons was improper.

“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.

The judge concluded that the prosecution’s theory was based on “conjecture rather than concrete evidence” and that no prima facie case was made out against any of the 23 accused.

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.

What Kejriwal said after the verdict

Reacting 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.”

He alleged that “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.

What happens next?

Even as the lower court’s verdict comes as a major relief, the legal battle may not be over.

Sources in the CBI told ANI that the agency will approach the Delhi High Court to challenge the discharge order. If the High Court admits the appeal, the matter will enter a fresh phase of legal scrutiny.

Adding to the pressure, a CAG report tabled in the Delhi Assembly flagged alleged irregularities in the now-scrapped 2021–22 excise policy. The report stated that the Delhi government suffered cumulative losses of over Rs 2,000 crore due to weaknesses in policy design and implementation.

It noted that the excise department suffered a loss of approximately Rs 890.15 crore on account of licence fee owing to surrender of zones and failure in re-tendering, and flagged a revenue loss of Rs 144 crore due to “irregular grant” of waivers during Covid-related closures.

While the trial court has ruled that there was no prima facie case or criminal conspiracy, the CBI’s planned appeal means the case is likely to move to the High Court, keeping both the political and legal spotlight firmly on Kejriwal.