The Delhi High Court on Monday granted additional time to former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia and 21 other accused to file their responses to a petition filed by the Central Bureau of Investigation (CBI) challenging their discharge in the Delhi excise policy case.
Justice Swarana Kanta Sharma fixed April 6 as the next date of hearing while allowing the accused more time to submit their replies to the CBI’s plea against the trial court’s order that had earlier discharged them from the case.
During the proceedings, Solicitor General Tushar Mehta, appearing for the CBI, urged the court to expedite the process. He argued that the trial court’s order discharging the accused should not remain in effect for longer than necessary.
According to Mehta, the High Court already had access to the entire trial court record, making additional replies from the accused unnecessary. He contended that if the court decided to allow responses, the accused should be given no more than a week to submit them.
Senior advocates representing the accused informed the bench that they had approached the Supreme Court of India regarding the matter. However, Justice Sharma noted that no stay order had been received from the apex court so far.
“I have not received any stay yet. Till the court gets an order staying the proceedings, the case has to proceed,” the High Court observed.
The defence also argued that there was no urgency in the matter and requested reasonable time to file detailed responses to the CBI’s petition.
The development comes after a trial court on February 27 discharged all the accused in the excise policy case, including Kejriwal and Sisodia. The court had held that the CBI’s allegations did not withstand judicial scrutiny.
In its ruling, the trial court observed that the alleged conspiracy appeared to be based on speculation and conjecture, with no admissible evidence presented by the investigating agency. It further stated that forcing the accused to undergo a full trial without sufficient material would not serve the ends of justice.
Meanwhile, on March 11, Kejriwal, Sisodia and other accused submitted a representation to the Chief Justice of the Delhi High Court, D. K. Upadhyaya, seeking the transfer of the CBI’s plea from Justice Sharma to another bench.
The representation argued that there was a “grave, bona fide and reasonable apprehension” that the hearing in the matter might not be impartial if it continued before the same judge.
Earlier, while issuing notice to all 23 accused, Justice Sharma had noted that certain observations and findings made by the trial court at the stage of framing of charges appeared prima facie erroneous and required further examination.
The High Court will now take up the matter on April 6, when the accused are expected to submit their responses to the CBI’s challenge against the discharge order.
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