Full text of Delhi court order: Arvind Kejriwal and Manish Sisodia discharged in excise policy case

NEW DELHI: The Rouse Avenue Court Complex on Friday discharged former Delhi chief minister Arvind Kejriwal and former deputy chief minister Manish Sisodia in the Delhi excise policy case, ruling that the material placed before it did not justify proceeding further.

In its order, the court observed that the alleged central conspiratorial role attributed to the two leaders could not be substantiated on the basis of the chargesheet and accompanying documents.





It noted that the allegations had “failed judicial scrutiny” and specifically found “no criminal intent” on the part of Sisodia. The court further stated that the theory of conspiracy “cannot survive against one constitutional authority” in the absence of cogent material.

The court recorded that after examining the chargesheet filed by the Central Bureau of Investigation (CBI), along with supplementary chargesheets and supporting documents, it found significant gaps and deficiencies. It held that the prosecution had not been able to prima facie establish the existence of a larger criminal conspiracy involving the discharged accused. The material on record, the court said, did not demonstrate the essential ingredients required to frame charges for the offences alleged.

The court also addressed the prosecution’s claim that the offence of criminal conspiracy must be viewed in its entirety and tested at trial. However, it concluded that even at the stage of cognisance, the evidence must disclose a sustainable case, which it found lacking in the present matter.

With respect to Sisodia, the court expressly recorded that no material indicating criminal intent had been brought on record. As regards Kejriwal, it noted that his name did not appear in the initial chargesheet and in three earlier supplementary chargesheets, and that the subsequent chargesheet did not provide fresh incriminating evidence sufficient to proceed.

In total, 23 accused persons were discharged in the case.

The CBI had alleged that a “south lobby” paid Rs 100 crore to influence the now-scrapped excise policy. Represented by Additional Solicitor General D P Singh and advocate Manu Mishra, the agency argued that there was adequate material to frame charges and that the matter should proceed to trial.

Senior advocate N Hariharan, appearing for Kejriwal, argued that there was no incriminating material linking his client to the alleged conspiracy and contended that the later supplementary chargesheet merely reiterated earlier allegations. The defence also questioned the basis of further investigation and the evidentiary value of certain statements, including that of approver Raghav Magunta.

Here is the full text of the court decision as reflected in the operative findings: