Delhi HC: CBI Plea Against Kejriwal's Discharge in Liquor Policy Case

The Delhi High Court, on Monday, March 16, 2026, granted time to former Delhi Chief Minister Arvind Kejriwal, senior AAP leader Manish Sisodia, and 21 other respondents to file their replies to a petition filed by the Central Bureau of Investigation (CBI). The CBI's petition challenges a trial court's order that discharged all 23 accused in the Delhi excise policy case. The High Court, presided over by Justice Swarana Kanta Sharma, has scheduled the next hearing for April 6, 2026. The legal proceedings stem from a significant decision on February 27, 2026, when a trial court discharged Kejriwal, Sisodia, and others in the CBI's case. The trial court had severely criticized the CBI's investigation, stating that its case was unable to withstand judicial scrutiny and had lost credibility. It held that the alleged conspiracy was based solely on assumptions and speculation, lacking admissible evidence, and that compelling the accused to face a full criminal trial without legally valid material would not serve justice. The court also directed a departmental inquiry against the 'erring investigating officer'. Following this, the CBI filed a criminal revision petition in the Delhi High Court, terming the trial court's discharge order as "perverse" and arguing that it should not remain on record longer than necessary. Solicitor General Tushar Mehta, representing the CBI, opposed the defence's request for extended time to file replies, suggesting that a week would be sufficient since the complete trial court record was already available before the High Court. In a parallel and significant development, lawyers for Kejriwal and the other accused informed the Delhi High Court that they had approached the Supreme Court of India concerning the matter. This move to the apex court came after the Delhi High Court Chief Justice, D.K. Upadhyaya, rejected Kejriwal's plea to transfer the CBI's petition from Justice Swarana Kanta Sharma's bench to another judge. Kejriwal and Sisodia cited a "grave, bona fide, and reasonable apprehension" of impartiality, pointing to earlier observations made by Justice Sharma. However, Justice Sharma of the Delhi High Court clarified during the March 16 hearing that no stay order had been received from the Supreme Court yet, and until such an order is obtained, the proceedings in the High Court would continue as per law. Earlier, on March 9, 2026, the Delhi High Court had issued notice on the CBI's revision petition, observing that some of the trial court's remarks, particularly those critical of the CBI's investigating officer and recommending departmental action, were "prima facie erroneous" and "foundationally misconceived". The High Court had, on that occasion, stayed the trial court's directive for departmental action against the investigating officer. The Delhi Excise Policy 2021-22, which was later scrapped, is at the heart of this case. It involves allegations of irregularities, undue benefits extended to private entities, and illegal gratification, with figures like Manish Sisodia and now Arvind Kejriwal being central figures in the investigation. Manish Sisodia was arrested much earlier in connection with the case, while Arvind Kejriwal was formally arrested by the CBI on June 26, 2024, before being granted bail by the Supreme Court after approximately 156 days in custody. This ongoing legal battle has significant political ramifications in India, especially given the involvement of a former Chief Minister and top leaders of the Aam Aadmi Party (AAP) and the Central Bureau of Investigation, one of India's premier investigative agencies. The continuous back-and-forth between different judicial forums highlights the complexity and contentious nature of the case, keeping it a matter of keen public interest and scrutiny. The next hearing on April 6, 2026, is highly anticipated as further arguments from both sides are expected.

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