2 weeks ago
Delhi High Court to hear CBI plea against Kejriwal discharge comprehensively
A big court in Delhi is looking at a case about alcohol rules.
Some important leaders were cleared of the charges by a lower court.
The CBI, which is a police agency, does not agree and wants the higher court to change that decision.
The leaders say the agency's request should be thrown away.
The judge said he will hear everything together, not in small pieces.
Everyone involved gets four more weeks to write their answers.
The next meeting in court will happen in October.
The leaders say the agency's papers are too vague.
The agency says the earlier decision was wrong and unfair.
The judge wants to hear both sides fully before making a decision.
The Delhi High Court refused to first rule on the maintainability of the CBI's challenge, saying it will hold comprehensive hearings and not decide the matter piecemeal.
Justice Manoj Jain granted four weeks to all discharged accused to respond to the CBI's written submissions, listing the petition for October 5 and 6.
Arvind Kejriwal, Manish Sisodia and Durgesh Pathak have filed applications seeking dismissal of the CBI's revision petition as non-maintainable.
On February 27, a trial court discharged Kejriwal, Sisodia and 21 others in the excise policy case, ruling the case could not survive judicial scrutiny.
The CBI contends the discharge order was patently illegal and perverse, while the accused say the agency's plea is non-specific and filed with 'unprecedented haste'.
- Who
- Delhi High Court Justice Manoj Jain, the CBI, and discharged accused Arvind Kejriwal, Manish Sisodia and Durgesh Pathak.
- What
- The court refused to decide the maintainability of the CBI's plea separately and scheduled comprehensive hearings on its challenge to the discharge of the accused in the excise policy case.
- Where
- Delhi High Court.
- When
- The hearing took place on Monday; the next hearing is listed for the week beginning October 5, and the trial court's discharge order was passed on February 27.
- Why
- The CBI is challenging the trial court's discharge of the accused, which it calls patently illegal and perverse, while the accused argue the CBI's petition is non-maintainable and non-specific.
Accused AAP leaders
CBI
Maintainability of CBI petition
Accused AAP leaders
The petition is 'thoroughly misconceived' and non-maintainable, and the court need not touch the file if it does not cross the threshold.
CBI
The CBI's challenge to the discharge order is valid and should be heard on its merits.
Validity of the discharge order
Accused AAP leaders
The trial court heard the matter in detail for more than three months, and the CBI has not pointed out any specific finding that is 'perverse' or shows irregularity.
CBI
The discharge order was patently illegal, perverse and based on a 'selective reading of the prosecution case', with unwarranted adverse remarks against the investigating agency.
Time to file replies
Accused AAP leaders
The accused need four weeks to respond to the CBI's 103-page written submission, which raises 'substantial grounds' absent from the main petition.
CBI
The request for four more weeks is 'not fair'; the accused have already been given several opportunities to file replies.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Manoj Jain
- Case
- Excise policy case
- Discharged accused
- Arvind Kejriwal, Manish Sisodia and 21 others (February 27)
- CBI written submission
- 103 pages
- Next hearing
- October 5 and 6
- Response time granted
- Four weeks
- Accused seeking dismissal of plea
- Kejriwal, Sisodia and Durgesh Pathak
Quotes
Solicitor General Tushar Mehta
CBI solicitor general representing the agency
“"Let them exhaust all pretensions. They were proclaiming this is a brilliant order. I am saying it is not worth the paper it is written on."”
telegraphindia.com
“"We will hear you but don't make it a pre‑condition. We don't want to decide piecemeal."”
telegraphindia.com
Sources
Related news
Delhi HC to Hear CBI Challenge to Kejriwal, Sisodia Discharge
Kejriwal, Sisodia urge Delhi High Court to dismiss CBI plea
CBI Challenges Kejriwal, Sisodia Discharge in Liquor Policy Case
Delhi High Court to Hear ED Plea Against Kejriwal's Bail
CJP Warns Centre Over FIRs, Seeks Supreme Court Panel Role
Court Reserves Order on Satyendar Jain Bail in Scam
Subhash Chandra Challenges Five-Member NCLT Bench in Insolvency Case
Supreme Court Limits Manan Mishra’s Pro Tem BCI Role
Subhash Chandra Challenges Five-Member Bench in Insolvency Case
Subhash Chandra Challenges NCLT Bench as NCLAT Appeal Waits
NCLT halts Subhash Chandra asset sale amid lender challenge
