2 weeks ago
Delhi HC to Hear CBI Challenge to Kejriwal, Sisodia Discharge
In India, some leaders of a political party called AAP were accused of doing something wrong with the city's rules for selling alcohol.
A lower court in Delhi listened to the case carefully for more than three months.
Then the court said the leaders did not have to go to trial, because the case against them was too weak.
Arvind Kejriwal and Manish Sisodia were two of the leaders who were set free by that decision.
A government investigating agency called the CBI did not agree with the court.
The CBI very quickly asked a bigger court, called the Delhi High Court, to look at the decision again.
The leaders say the agency rushed too fast and did not clearly explain what they did wrong.
The Delhi High Court will listen to both sides on Monday.
A judge will also decide whether the agency's request should even be allowed to go ahead.
The Delhi High Court will on Monday hear the CBI's petition challenging the trial court order discharging Arvind Kejriwal, Manish Sisodia and 21 others in the liquor policy case.
Justice Manoj Jain is expected to take up applications by Kejriwal and Sisodia seeking dismissal of the CBI's revision petition as non-maintainable.
Kejriwal and Sisodia claim the CBI filed its revision petition within four hours of the discharge order, with 'unprecedented haste' and in the 'most unserious manner.'
On February 27, the trial court discharged all accused after hearing the matter for more than three months, ruling the case could not survive judicial scrutiny.
The CBI contends the discharge order was 'patently illegal' and 'perverse,' alleging the trial court conducted a mini-trial and passed the order on a 'selective reading of the prosecution case.'
- Who
- The CBI; former Delhi chief minister Arvind Kejriwal; former deputy chief minister Manish Sisodia; Durgesh Pathak; and the Delhi High Court.
- What
- The Delhi High Court will hear the CBI's challenge to the trial court's order discharging Kejriwal, Sisodia and 21 others in the liquor policy case, along with applications seeking dismissal of the CBI's revision petition.
- Where
- Delhi High Court, New Delhi.
- When
- The hearing is scheduled for Monday; the trial court's discharge order was passed on February 27.
- Why
- The CBI argues the discharge order was patently illegal, perverse and based on a selective reading of the prosecution case, while the discharged leaders say the CBI's petition was filed with unprecedented haste and is non-maintainable.
Discharged AAP leaders (Kejriwal and Sisodia)
CBI (investigating agency)
Validity of the discharge order
Discharged AAP leaders (Kejriwal and Sisodia)
The trial court heard the matter in detail for over three months, and the CBI has not pointed out any specific finding that is 'perverse' or shows any irregularity.
CBI (investigating agency)
The discharge order was 'patently illegal' and 'perverse,' the trial court failed to appreciate the facts, and it passed unwarranted adverse remarks against the investigating agency and investigating officer.
The CBI's revision petition
Discharged AAP leaders (Kejriwal and Sisodia)
The petition was filed with 'unprecedented haste' — within four hours of the discharge order — and in the 'most unserious manner,' and is too 'bare-shell' and 'non-specific' to be maintainable.
CBI (investigating agency)
The trial court conducted a mini-trial at the stage of framing of charges and passed the discharge order on a 'selective reading of the prosecution case,' so the order cannot stand.
Key facts
- Court
- Delhi High Court
- Case
- Liquor policy (excise) case
- Investigating agency
- Central Bureau of Investigation (CBI)
- Accused discharged
- Arvind Kejriwal, Manish Sisodia and 21 others
- Date of discharge order
- February 27
- Length of discharge judgement
- More than 500 pages
- Time taken to file CBI petition
- Within four hours of the discharge order
- Hearing date
- Monday
Quotes
CBI application
Text from the CBI’s petition filed with the Delhi High Court
“The CBI has preferred the present revision petition with unprecedented haste and in the most unserious manner.”
theprint.in
Sources
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