The Delhi High Court on Tuesday said it will appoint three senior advocates as amici curiae to represent AAP leaders Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak, in CBI’s revision plea challenging their discharge in the Delhi excise policy case, after the three chose not to participate in the proceedings.Justice Swarana Kanta Sharma recorded that the three accused were unrepresented and indicated that the court would first put in place independent legal assistance before proceeding further. The bench conveyed that hearing on CBI’s plea would begin only after the amici are appointed, with the matter listed for Friday.The development follows the decision of the three leaders to stay away from proceedings after their request seeking the judge’s recusal was declined last month. In that order, the court had held that recusal cannot be sought on unfounded apprehensions and cautioned against attempts that may undermine confidence in the judicial process.With the accused opting out of participation, the court chose to ensure that the matter proceeds with legal assistance available on record. It clarified that the amici would represent the interests of the concerned respondents during the hearing of the revision plea.The case arises from a 2022 FIR registered by CBI, alleging irregularities in Delhi Excise Policy 2021-22. The agency has claimed that the policy framework was altered to benefit select private entities and that illegal payments were made in return for favourable provisions.A parallel investigation was initiated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, based on the same set of allegations.According to the investigating agencies, the policy contained built-in gaps that enabled certain licence holders to gain after the tender process. It is alleged that decisions taken during the formulation stage were aimed at extending undue advantage to specific players.On February 27, a trial court discharged Kejriwal and 22 others in the case, while also expressing reservations over aspects of the investigation. The CBI subsequently moved the high court in revision.While issuing notice in March, the high court stayed directions issued by the trial court for departmental action against the investigating officer and observed, at a preliminary stage, that some findings in the discharge order required closer scrutiny. Proceedings in the connected money laundering case were also asked to remain deferred.Following this, applications were filed seeking the judge’s recusal on grounds of perceived bias. After the plea was rejected, Kejriwal, Sisodia and Pathak informed the court that they would not participate in further hearings.The excise policy, introduced in 2021 to restructure the liquor trade and increase revenue, was later withdrawn after allegations of wrongdoing surfaced, prompting a probe ordered by the then lieutenant governor.


