Excise Policy Case: Delhi HC Stays Trial Court’s Remarks Against CBI, Seeks Response From 23 Discharged Accused
The Delhi High Court today stayed adverse observations made by a trial court against the Central Bureau of Investigation and its investigating officers in the Delhi excise policy case.
Justice Swarana Kanta Sharma halted the operation of scathing remarks and directions for a departmental inquiry against CBI officers, terming such observations "uncalled for" at the preliminary charge-framing stage.
The High Court was hearing a revision petition filed by the CBI challenging the trial court's 27 February order discharging all 23 accused, including former Delhi chief minister Arvind Kejriwal and his deputy Manish Sisodia.
The lower court had discharged the accused whilst criticising the CBI's investigation as failing to establish even a prima facie case of conspiracy or criminal intent in the now-scrapped liquor policy.
Solicitor General Tushar Mehta, appearing for the probe agency, did not seek an immediate stay on the discharge of the accused. However, he requested that the trial court's verdict should not affect the separate money laundering case being investigated by the Enforcement Directorate.
Justice Sharma directed the trial court to postpone proceedings in the ED case until the High Court decides the CBI's revision petition. The court also noted that some observations made by the lower court were factually incorrect.
The trial court's February order had included sharp criticism of the CBI's investigation, noting "misleading averments" in the chargesheet and ordering a departmental inquiry against the investigating officer.
In its 974-page revision petition, the CBI contended the trial court conducted a "mini-trial" rather than limiting itself to determining whether a triable case existed. The High Court issued notices to all 23 discharged accused and scheduled the next hearing for 16 March.
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