Delhi High Court to Hear CBI Plea Against Discharge of Kejriwal, Sisodia in Excise Policy Case

New Delhi, March 2026 : The Delhi High Court is scheduled to hear next week a plea filed by the Central Bureau of Investigation (CBI) challenging a trial court order that discharged Aam Aadmi Party (AAP) national convenor Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 other accused in the 2022 Delhi excise policy case.

According to the causelist published on the official website of the High Court, the matter will be taken up on March 9 by a single-judge Bench presided over by Justice Swarnakanta Sharma. The CBI has approached the High Court through a criminal revision petition, assailing the detailed order passed by the Rouse Avenue Court, which had refused to frame charges against all 23 accused.

The agency has argued that the trial court erred in concluding that the prosecution failed to establish even a prima facie case. The CBI maintains that the material on record warranted a full trial and that the discharge order deserves to be set aside.

On February 27, Special Judge (PC Act) Jitendra Singh delivered a voluminous order running into more than 1,100 paragraphs, decisively ruling in favour of the accused. The court held that the case projected by the CBI was “wholly unable to survive judicial scrutiny” and stood “discredited in its entirety.” After examining an extensive body of evidence, including depositions of nearly 300 prosecution witnesses, the court found that no material emerged to raise even a “grave suspicion” against the accused persons.

The trial court further observed that compelling the accused to face a full-fledged criminal trial in the absence of legally admissible evidence would amount to a “manifest miscarriage of justice” and an abuse of the process of law. It emphasised that criminal prosecution cannot be allowed to proceed on conjectures, assumptions, or unsubstantiated allegations.

The case relates to the Delhi Excise Policy 2021–22, introduced by the then AAP-led Delhi government with the stated objective of reforming the liquor trade and increasing revenue. The policy was later withdrawn amid allegations of corruption, triggering investigations by central agencies.

The CBI had alleged that the policy was deliberately designed to benefit select private liquor companies, including a group referred to as the “South Group,” in exchange for alleged kickbacks. According to the agency, these funds were purportedly routed for electoral purposes. It was also alleged that irregularities in the formulation and implementation of the policy resulted in undue benefits to licensees and caused losses to the public exchequer.

However, the trial court rejected what it described as the prosecution’s “theory of an overarching conspiracy.” It held that contemporaneous records showed the policy was the outcome of a consultative and deliberative process involving multiple stakeholders and was framed in accordance with prescribed procedures. The court concluded that the CBI failed to link the accused with any illegal gratification or criminal intent.

Following the discharge order, Kejriwal described the case as “false and fabricated” and expressed his faith in the judiciary, invoking the phrase “Satyamev Jayate.” Sisodia was seen consoling Kejriwal outside the court premises, where AAP supporters had gathered, hailing the verdict as a vindication of the party’s stand.

Political reactions, however, were sharply divided. Former Delhi BJP President and Member of Parliament Manoj Tiwari cautioned that the celebrations within the AAP might be premature. He said the CBI’s challenge before the High Court could overturn the trial court’s decision.

Addressing a press conference, Tiwari alleged that several mobile phones and SIM cards were destroyed during the course of events and questioned why the excise policy was withdrawn if it was legally sound. He also referred to earlier proceedings before the Supreme Court, noting that bail conditions at one stage had imposed restrictions on Kejriwal’s functioning.

“This is not merely a legal issue, but a matter of public trust. The people of Delhi have the right to know the complete truth,” Tiwari said, adding that the BJP would continue to pursue the matter at both political and legal levels until accountability is fixed.