The Central Bureau of Investigation (CBI) has filed a revision petition running into 974 pages before the Delhi High Court challenging the trial court order discharging all 23 accused including Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia in connection with the Delhi excise policy case.
The plea is listed for hearing before Justice Swarana Kanta Sharma on March 9, when the High Court reopens after the Holi break.In its criminal revision petition, the CBI has said that the order passed by Special Judge (PC Act) Jitendra Singh on February 27 is "patently illegal, perverse and suffers from errors apparent on the face".The CBI has argued that the judge essentially conducted a mini-trial and dealt with separate limbs of conspiracy in isolation.
According to the plea,"The Ld Special Judge has passed the impugned order on a selective reading of the prosecution case, disregarding the material showing the culpability of the accused."Further, as per the petition, the judge's order directing departmental action against the CBI officer who investigated the case is "shocking to say the least".Therefore, the CBI has sought a stay on the directions issued by the Court to initiate an investigation against its officer.
Further, the plea states that while making observations in the court during pronouncing the discharge order, the judge orally stated that he had spent the last four months reading only the file of the case, which shows appreciation of evidence in great details and the same is not permitted at this stage of framing of charge.
The probe agency has argued that many observations by the judge are "unduly harsh on the prosecuting agency, especially when the same are made on incorrect understanding of law and incorrect facts."The revision plea states that the trial court erred in analysing the role of Arvind Kejriwal and Manish Sisodia.CBI's revision plea has been filed through advocates Manu Mishra and Garima Saxena.
The political leaders spent a considerable time in jail as the Rouse Avenue Court and the Delhi High Court denied them bail. It was the Supreme Court which later granted them relief.However, the trial court on February 27 discharged all the accused in the case, holding that the prosecution case does not survive judicial scrutiny as the CBI had tried to construct a narrative of conspiracy on the basis of mere conjecture.
Hence, it ruled that the case did not merit a trial.The special court also pulled up the CBI for building its case through approver statements.CBI's revision plea has been filed through advocates Manu Mishra and Garima Saxena.
Follow us
