Excise policy case: Trial Court’s order illegal, suffers from errors, says CBI

The Central Bureau of Investigation (CBI) has filed a revision petition running into 974 pages before the Delhi High Court, challenging the trial court order discharging all 23 accused, including Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia, in connection with the Delhi excise policy case.

The case is listed before Justice Swarana Kanta Sharma on March 9.

In its criminal revision petition, the CBI has said that the order passed by Special Judge Jitendra Singh on February 27 is “patently illegal, perverse and suffers from errors apparent on the face”. The petition said that the judge essentially conducted a mini-trial and dealt with separate limbs of conspiracy in isolation. “The Ld Special Judge has passed the impugned order on a selective reading of the prosecution case, disregarding the material showing the culpability of the accused.”

In its petition, CNI said that the judge’s order directing departmental action against the CBI officer who investigated the case is “shocking to say the least”. The agency has sought a stay on the directions issued by the Court to initiate an investigation against its officer.

The CBI stated that while making observations in the court during pronouncing the discharge order, the judge orally stated that he had spent the last four months reading only the file of the case, which shows an appreciation of evidence in great details and the same is not permitted at this stage of framing of charge.

The agency has argued that many observations by the judge are “unduly harsh on the prosecuting agency, especially when the same are made on an incorrect understanding of law and incorrect facts.”

The revision plea States that the trial court erred in analysing the role of Arvind Kejriwal and Manish Sisodia. “The Ld Special Judge has erred in not appreciating the conspectus of the conspiracy in its entirety.

Such piecemeal appreciation of evidence, rather than a conjoint reading of the case, has led to the passing of the Impugned Order, which needs to be set aside,” the appeal states.

CBI’s revision plea has been filed through advocates Manu Mishra and Garima Saxena.