Excise Policy Row: CBI Approaches Delhi High Court Over Relief Granted to Arvind Kejriwal, Manish Sisodia

The Central Bureau of Investigation has gone to the Delhi High Court against a Rouse Avenue Court order that discharged Arvind Kejriwal and Manish Sisodia in the Delhi excise policy case. The agency is seeking to restore charges against the former Delhi Chief Minister and former Deputy Chief Minister after their recent relief.

The special court had cleared both senior Aam Aadmi Party leaders, finding that the case material did not justify putting them on trial at this stage. Soon after this decision, CBI sources confirmed that the agency decided to challenge the discharge order before the Delhi High Court.

Delhi excise policy case: CBI allegations and chargesheets

The CBI case concerns alleged irregularities in the now-withdrawn Delhi excise policy, which was in place before being scrapped. The agency registered an FIR and later filed its first chargesheet in 2022, followed by several supplementary chargesheets that expanded the list of accused persons and set out further alleged financial links.

According to the CBI, a so-called "south lobby" allegedly paid Rs 100 crore to secure favourable changes in the excise policy. Investigators claim this group of individuals and entities from the southern region sought undue benefits in licence allocations. The money route, alleged kickbacks and policy decisions form the core of the conspiracy charge.

Delhi excise policy case: Trial court findings and CBI stand

While delivering the discharge order, the trial court said the central conspiratorial role alleged against Arvind Kejriwal and Manish Sisodia was not backed by sufficient proof. The court recorded that the accusations placed before it "failed judicial scrutiny." It further held that the case material did not demonstrate criminal intent on the part of Manish Sisodia.

The court also rejected the prosecution’s larger conspiracy theory against the two leaders, observing that the narrative "cannot survive against one constitutional authority." On this basis, the judge ruled that the available documents and testimonies did not justify continuing criminal proceedings against Arvind Kejriwal and Manish Sisodia at the current stage of the excise policy case.

Delhi excise policy case: Arguments by CBI and defence

During arguments in the trial court, the CBI insisted that the alleged criminal conspiracy in the Delhi excise policy case must be seen as a complete chain. The agency argued that whether evidence is sufficient should be judged during a full trial, rather than at the discharge stage, when the court only looks at a prima facie case.

Appearing for the CBI, Additional Solicitor General DP Singh and advocate Manu Mishra said that enough material existed to frame charges against each of the 23 accused. They maintained that documents, statements and financial records together supported the prosecution’s stand in the Delhi excise policy case and warranted that all accused face trial.

Senior advocate N Hariharan, representing Arvind Kejriwal, countered that there was no incriminating material linking the former Chief Minister to any alleged conspiracy in the Delhi excise policy case. The defence said the fourth supplementary chargesheet, which first named Arvind Kejriwal, only repeated earlier claims while he was performing official duties in government.

Hariharan highlighted that Arvind Kejriwal did not appear in the original chargesheet or the first three supplementary chargesheets and was added only in the fourth filing. The defence also attacked the basis of further investigation and questioned the reliability of some statements, including that of approver Raghav Magunta, in the wider Delhi excise policy case record.

With the CBI now contesting the discharge order before the Delhi High Court, the next hearings will test the trial court’s assessment that the case against Arvind Kejriwal and Manish Sisodia "failed judicial scrutiny." The High Court’s decision will shape how the Delhi excise policy case proceeds against all 23 accused persons.