{"id":106631,"date":"2026-02-28T08:43:36","date_gmt":"2026-02-28T08:43:36","guid":{"rendered":"https:\/\/mavericknews30.com\/?p=106631"},"modified":"2026-02-28T08:43:36","modified_gmt":"2026-02-28T08:43:36","slug":"conscious-decision-by-trial-court-in-discharging-implies-no-case-for-framing-charges","status":"publish","type":"post","link":"https:\/\/mavericknews30.com\/?p=106631","title":{"rendered":"Conscious Decision By Trial Court In Discharging Implies No Case For Framing Charges."},"content":{"rendered":"\n

New Delhi; February 2026<\/strong>: Senior Advocate and former Additional Solicitor General of India, Sidharth Luthra, has hailed the Rouse Avenue Court, stating that it has showcased that trial courts can take conscious decisions and apply their mind. “I am happy that the court has taken a view on the lack of evidence, and it is very important that a decision of this nature has come, which shows that our trial courts apply their mind and take conscious decisions. Now it is to be seen what action the accused take for the period that they had suffered custody”, he said.<\/p>\n\n\n\n

The statement follows the Court’s decision to discharge former Delhi Chief Minister Arvind Kejriwal and 22 others in Delhi’s excise policy case. Luthra further added that the Enforcement Directorate (ED) and its cases try to keep justifying their investigation; however, with the base gone, the case should fall automatically. “If I were the accused, I would move for discharge or quashment of the ED case. The point is, the ED as an agency, and ED cases, have a life of their own. The ED keeps conjuring up ways to try to justify their existence and justify their investigations. When the basis of the case is gone, this should fall automatically”, he added.<\/p>\n\n\n\n

Meanwhile, Senior Advocate Pramod Kumar Dubey also welcomed the judgement stating that the court took a firm stand in the multi-layered case. “The judgment is a very positive initiative. Because of the<\/p>\n\n\n\n

way the case was portrayed, and when we began debating the charges, layers upon layers of it were revealed, and the deeper we delved, the more we argued in court. In the end, it seemed that there was nothing there. The court needed to address the issue of witnesses, including those who were their main witnesses and whom they had made approvers. First, you took two statements. After that, you’re taking supplementary statements and filing everything else, which is not legally impermissible. The court took a firm stance, saying that such things shouldn’t happen. If you’re the prosecuting agency, it’s your duty to conduct a fair investigation, not to file your own allegations to prejudice a particular person”, he said.<\/p>\n\n\n\n

The case originated from allegations of corruption in the Delhi Excise Policy 2021-22 introduced by the Aam Aadmi Party (AAP) government. The CBI had alleged that the policy was framed to benefit certain private liquor licensees by allegedly reducing licence fees and fixing profit margins, resulting in kickbacks and financial loss to the Delhi government. The FIR was registered by the CBI in August 2022 following a complaint by Delhi Lieutenant Governor VK Saxena. According to the agency, a criminal conspiracy was allegedly hatched at the stage of policy formulation, with deliberate loopholes introduced to favour select entities after the tender process.<\/p>\n\n\n\n

With the Special Court’s order discharging all accused, the matter at the trial court stage has concluded for now. The legality of that order will now be examined by the Delhi High Court following the CBI’s challenge.<\/p>\n\n\n\n

Echoing with the former ASG, Congress Leader and Senior Advocate Abhishek Manu Singhvi has praised the Rouse Avenue Court’s decision to discharge former Delhi Chief Minister Arvind Kejriwal and 22 others in the CBI’s Delhi Excise Policy Case, saying that the discharge means that there is no case, hence no charges can be framed.<\/p>\n\n\n\n

“It’s a very important judgment, and I’m happy that at various stages from 2021-22 up to date, both in the liquor matters, both in the civil matters, both in the bail matters, and in the ED matters, I was involved at different stages, discharge means that there is not even a case for which charges can be<\/p>\n\n\n\n

framed”, he said. Calling the judgement “bold and courageous”, Singhvi said that it abides by the law and doesn’t allow bifurcation into any alleyways. “This is a bold and courageous judgment which goes against the law. It doesn’t get digressed and diverted into by lanes and alleyways, rather it deals with the arguments we made at different times over the last 4 years. This whole practice, the entire design of these proceedings, which has always been: catch people, keep them incarcerated, subject their relatives to intimidation and pressure. Then suddenly they go through some laundering machine and become approvers, and upon that they get bail and then start making allegations against the accused.<\/p>\n\n\n\n

This whole narrative has been condemned and castigated by the judgment”, he stated. The senior advocate hailed the decision, saying that it went through multiple layers of decision for almost a year, further underlining that the judgement is a testament to law and justice against the Vendetta politics.<\/p>\n\n\n\n

“The court remembers and reiterates the old principle that the worst form, the lowest form of evidence, is an approver’s evidence. The institutional decision, par excellence, which is multi-layered over almost a year, went through 10-12 layers, including the LG’s office. It’s a 600-page judgment, which is a vindication of the law and of justice against Vendetta politics, which is then criminalised and weaponised, with agencies sometimes acting at the behest of the master puppeteers for ulterior motives”, he stated.<\/p>\n\n\n\n

In an X post, Singhvi said that the court’s decision has ruptured the claims of “political masters” acting like master puppeteers”. “Many thanks to former CM Arvind Kejriwal for remembering me in his opening remarks at his presser. The court has punctured the ridiculous claims of prosecuting agencies, egged on by micromanaging Political Masters who act as master puppeteers. Amidst such an ambience of fear and intimidation, for law and justice to emerge victorious is no mean achievement”, he wrote.<\/p>\n\n\n\n

Team Maverick<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

New Delhi; February 2026: Senior Advocate and former Additional Solicitor General of India, Sidharth Luthra, has hailed the Rouse Avenue Court, stating that it has showcased that trial courts can take conscious decisions and apply their mind. “I am happy that the court has taken a view on the lack of evidence, and it is …<\/p>\n","protected":false},"author":10,"featured_media":106632,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[142],"tags":[143],"post_format":[],"flags":[],"class_list":["post-106631","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-state","tag-state"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/posts\/106631","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=106631"}],"version-history":[{"count":1,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/posts\/106631\/revisions"}],"predecessor-version":[{"id":106633,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/posts\/106631\/revisions\/106633"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=\/wp\/v2\/media\/106632"}],"wp:attachment":[{"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=106631"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=106631"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=106631"},{"taxonomy":"post_format","embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Fpost_format&post=106631"},{"taxonomy":"flags","embeddable":true,"href":"https:\/\/mavericknews30.com\/index.php?rest_route=%2Fwp%2Fv2%2Fflags&post=106631"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}