The Delhi High Court on Monday allowed former Delhi Chief Minister Arvind Kejriwal, ex-Deputy CM Manish Sisodia and 21 others additional time to submit their responses to the CBI petition questioning their discharge in the excise policy case. Justice Swarana Kanta Sharma fixed the next hearing for April 6. Appearing for the agency, Solicitor General Tushar Mehta argued that the trial court's order "cannot remain on record even for a second more than necessary" and said the accused should not receive more than a week to file responses. He maintained that replies were unnecessary since the entire trial court record was already before the High Court.
Defence cites Supreme Court's move
Senior lawyers representing the accused informed the court that they had moved the Supreme Court against the matter. "I have not received any stay yet… Till the court gets an order staying the proceedings, the case has to proceed," the high court noted. They also argued for a reasonable time, saying there was no urgency.
Trial court's earlier ruling
On February 27, the trial court had discharged all accused, including Kejriwal and Sisodia, holding that the CBI case failed judicial scrutiny. It said the alleged conspiracy was a speculative construct based on conjecture, with no admissible evidence, and that forcing a full trial would not serve the ends of justice.
Kejriwal, Sisodia seek transfer of CBI plea
On March 11, Kejriwal and Sisodia, along with other accused in the excise policy case, had made a representation to Chief Justice of the Delhi High Court DK Upadhyaya to transfer CBI's plea against their discharge by a CBI court from Justice Sharma to another "impartial" judge. The CBI had appealed to the High Court against the discharge of Kejriwal and other accused in the excise policy case.
Justice Sharma, issuing notice to all 23 accused including Kejriwal, said certain observations and findings of the trial court at the stage of framing of charges prima facie appeared erroneous and needed consideration. In his representation, Kejriwal claimed he has a "grave, bona fide, and reasonable apprehension" that the hearing in the matter would not be impartial and neutral.
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