New Delhi: The Delhi High Court will hear the Central Bureau of Investigation’s (CBI) appeal in the Delhi Liquor Policy case today. The agency has challenged the trial court’s decision that acquitted 23 accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia. In its February 27th order, the Rouse Avenue Court acquitted all 23 accused in the Delhi Liquor Policy case.
Following this, the CBI approached the High Court challenging this decision. In its appeal, the CBI stated that the trial court conducted a “mini-trial”-like assessment at the charge-framing stage, which is inconsistent with due process. The agency alleges that the court passed a “patently illegal and erroneous” order by selectively reading the prosecution’s case.
The CBI has argued in its appeal that the special court was only supposed to consider whether a prima facie case was made out at this stage, but the court examined the evidence in detail, as in a full trial. The agency says the special judge dissected the alleged conspiracy and ignored the overall impact of the evidence gathered during the investigation. The CBI also argues that the trial court’s order is contrary to the Supreme Court’s established principles regarding discharge and framing of charges and should therefore be set aside. A bench of Justice Swarnakanta Sharma will hear the appeal on March 9. Meanwhile, Arvind Kejriwal appeared emotional while speaking to the media outside the court after his acquittal. He said, “I have earned only honesty in my life. Today it has been proved that Kejriwal, Manish Sisodia, and the Aam Aadmi Party are staunchly honest.”
CBI points out errors in the trial court order
The appeal also states that the challenged order is glaringly flawed on the face of the record and fails to properly understand the prosecution’s case. According to the CBI, at the stage of charge framing, the evidence on record should be accepted without dispute and only the basis for further trial should be considered. The agency says that instead, the trial court allegedly examined minor complications and aspects that were not even essential to the prosecution’s case. The CBI claims that this order is contrary to the established principles of the Supreme Court regarding discharge and charge framing.
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