A Special Court in Delhi on Friday discharged all 23 accused in the Delhi Excise Policy case, including former Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia.
The order was pronounced by Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court. The court held that there was no overarching criminal conspiracy or intent in the formulation of the now-scrapped Excise Policy 2021–22.
Observing that the prosecution’s case did not withstand judicial scrutiny, the court said no prima facie case was made out against any of the accused. It noted that the investigative agency’s theory of conspiracy was based on conjecture rather than concrete evidence.
The court also criticised the reliance on approver statements, stating that granting pardon to an accused and using subsequent statements to fill investigative gaps was improper. It warned that permitting such a practice would amount to a violation of constitutional principles. The court further indicated it would recommend a departmental inquiry against officials for naming a public servant as accused number one in the case.
The case originated from allegations that the Excise Policy 2021–22 was framed to favour select private entities by reducing licence fees and fixing profit margins, allegedly leading to kickbacks and losses to the Delhi government. An FIR was registered in August 2022 following a complaint by the Delhi Lieutenant Governor.
The investigating agency had alleged that a criminal conspiracy was hatched during the policy formulation stage and claimed that Rs 100 crore was paid by a “south lobby” to influence the policy.
In total, 23 individuals were chargesheeted, including Kejriwal, Sisodia and other political leaders and businesspersons. Multiple supplementary chargesheets were filed in the matter.
During arguments, the prosecution maintained that the offence of criminal conspiracy should be examined in its entirety and that the sufficiency of evidence ought to be tested during trial. The defence, however, argued that there was no incriminating material linking the accused to any alleged conspiracy and that institutional safeguards were followed in framing the policy.
Following the verdict, Kejriwal said the court had meticulously examined the evidence and found no material sufficient to frame charges. “We always said that the truth emerges victorious. We have full faith in the Indian legal system,” he stated, while alleging a political conspiracy against his party.
Sisodia described the decision as a vindication, stating that the truth had prevailed.
With the discharge order, the trial court proceedings in the case have effectively come to a close unless challenged before a higher court.
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