Kejriwal and Sisodia Challenge High Court's Decision in Supreme Court
Legal Challenge by Kejriwal and Sisodia
Former Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party (AAP) leader Manish Sisodia have filed a petition in the Supreme Court against the Delhi High Court Chief Justice's refusal to transfer the Central Bureau of Investigation (CBI) case regarding the excise policy to another judge. They expressed 'serious concerns' about fairness following a rejection of their application by Chief Justice Devendra Kumar Upadhyay on March 11, who stated that the case was in line with the court's schedule and lacked administrative grounds for reassignment. The CBI's petition, scheduled for hearing before Justice Sharma on March 16, challenges the lower court's decision that acquitted Kejriwal, Sisodia, and 21 others on February 27 in a scandal involving preferential treatment to liquor license holders.
Background on the Excise Policy Investigation
The now-repealed Delhi excise policy of 2021 aimed to privatize liquor sales to boost revenue but faced allegations of irregularities, bribery, and losses to the government treasury. Following these accusations, the CBI and Enforcement Directorate (ED) initiated investigations under the orders of the Lieutenant Governor. The lower court criticized some of the CBI's findings and acquitted the defendants, but Justice Sharma issued notices to all 23 respondents on March 9, halted departmental action against the CBI investigator, highlighted apparent errors in the lower court's comments, and postponed related proceedings under the Prevention of Money Laundering Act (PMLA), further supporting AAP's claims of bias.
Kejriwal's Concerns and Chief Justice's Response
In his petition, Kejriwal argued that the prior orders issued by Justice Sharma without hearing the defendants violated fairness, especially since some relevant high court decisions had been overturned by the Supreme Court. Chief Justice Upadhyay responded, stating, "The petition has been assigned to the honorable judge according to the current roster. The decision to separate any case lies with the honorable judge. I see no reason for transfer." AAP confirmed receipt of the high court's letter, and Kejriwal also opposed the order issued by SK Sharma on March 9 that halted the lower court's comments without hearing their side.
Supreme Court Petition and Next Steps
The petition filed under Article 32 in the Supreme Court seeks an immediate listing before a bench headed by the Chief Justice for a 'clearly fair' hearing of the case, potentially as early as tomorrow. This development has heightened tensions ahead of Justice Sharma's hearing, underscoring AAP's strategy of questioning judicial appointments amid this high-profile corruption case.