The Delhi High Court on Monday stayed the adverse observations made by a trial court against the CBI and its investigating officer while discharging 23 accused, including AAP leaders Arvind Kejriwal and Manish Sisodia, in the excise policy case. The court also directed the trial court to defer proceedings in the money laundering case linked to the matter until it decides the CBI’s revision plea challenging the discharge order.Justice Swarana Kanta Sharma said the remarks made by the trial court against the investigating agency and its officer would remain stayed. She further ordered that hearings in the case under the Prevention of Money Laundering Act be postponed to a date after the high court concludes the proceedings on the CBI’s plea.The High Court issued notice to the accused and asked them to file their replies to the CBI’s revision petition, which challenges the trial court’s verdict delivered on February 27.Appearing for the CBI, Solicitor General Tushar Mehta clarified that the agency was not, at this stage, seeking a stay on the discharge of the accused. Instead, the CBI requested that the trial court’s findings should not affect the separate money laundering investigation being conducted by the Enforcement Directorate.Mehta told the court that the discharge order had been passed in an unusual manner and argued that the judgment should not influence proceedings under the PMLA. “This is a CBI case based on which the ED case is proceeding. This judgment may not affect that,” he submitted.He further argued that the alleged excise policy scam was among the most significant corruption cases concerning the national capital. According to Mehta, the investigation had relied on scientific analysis and documentary material to establish the alleged conspiracy.The law officer told the court that statements recorded under Section 164 of the CrPC indicated how the alleged conspiracy was planned and how bribes were paid. He claimed that funds were routed through hawala channels and used to finance election activities.Referring to one of the accused, Vijay Nair, who was associated with the political party’s communications team, Mehta contended that bribes ranging from Rs 19 crore to Rs 100 crore were allegedly paid in return for favours under the excise policy. He further submitted that Rs 44.50 crore was transferred through hawala routes and that the investigation traced the movement of funds to election expenditure in Goa.On February 27, Special Judge Jitendra Singh discharged all 23 accused in the case, holding that the prosecution’s case did not withstand judicial scrutiny. The trial court had observed that the investigating agency attempted to build a narrative of conspiracy based on conjectures and assumptions, and therefore, concluded that the case did not warrant a full trial.The case dates back to 2022, when the CBI registered an FIR alleging irregularities in the implementation of the Delhi Excise Policy for 2021-22. The agency claimed that the policy had been manipulated to enable monopolisation and cartelisation in the liquor trade in Delhi.The FIR was registered following a complaint by Delhi Lieutenant Governor VK Saxena on July 20, 2022. The investigation later became the basis for a parallel money laundering probe by the Enforcement Directorate.


