The Delhi High Court on Monday issued notices to 23 people, including former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia, in connection with the excise policy case.
The court was hearing a petition filed by the Central Bureau of Investigation (CBI) challenging the order of a lower court that had acquitted the accused in the alleged Delhi liquor policy scam.
While issuing notices, the High Court stayed certain remarks made by the trial court against the CBI and its investigating officer. However, the court did not stay the earlier acquittal order.
The matter was heard by Justice Swarnakanta Sharma, who sought responses from Kejriwal, Sisodia, and other accused on the CBI's appeal.
CBI challenges acquittal order
The controversy began after the Rouse Avenue Court on February 27 discharged Kejriwal, Sisodia, and others in the excise policy case.
In its order, the trial court had said there was no evidence of an overall conspiracy or criminal intent behind the policy. It also questioned aspects of the investigation.
"Serious charges must have material evidence. The role of conspiracy that has been alleged has not been found with solid proof in the documents," the trial court had observed.
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The CBI later approached the Delhi High Court, arguing that the discharge of the accused was incorrect and should be set aside.
During Monday’s hearing, Solicitor General Tushar Mehta questioned the trial court's remarks about the investigating agency and its officer. He said the comments had been made without a full trial.
High Court stays remarks against CBI
Justice Sharma said the High Court would stay the remarks made against the CBI and its investigating officer.
"I will issue a stay order on the comments made against the central investigating agency and its investigating officer. After the hearing in this court, I will ask the lower court to conduct hearings on the PMLA case," the judge said.
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The High Court also noted that some observations of the lower court appeared to be factually incorrect.
As a result, the court directed that proceedings in the Enforcement Directorate’s case under the Prevention of Money Laundering Act be paused for now.
The next hearing in the matter has been scheduled for March 16.