The Delhi High Court on Tuesday said it would appoint three Senior Advocates as amici curiae (friend of the court) to represent former chief minister Arvind Kejriwal, former Delhi minister Manish Sisodia and Aam Aadmi Party (AAP) leader Durgesh Pathak, who have decided to boycott the proceedings in a revision petition filed by the Central Bureau of Investigation (CBI), challenging their discharge in the alleged Delhi Liquor Policy scam.
Justice Swarana Kanta Sharma observed that it would be appropriate to hear the CBI’s arguments after the appointment of the amici, who were expected to be designated on the next date of hearing. This would ensure that the principles of natural justice and fair hearing were maintained in the absence of representation, noted the judge.
The three AAP leaders had earlier sought Justice Sharma’s recusal from the case, a request that was rejected on April 20. The judge had then remarked that such applications could not be used to undermine judicial credibility, adding that the plea effectively placed the judiciary itself under scrutiny.
The matter stemmed from a 2022 FIR registered by the CBI alleging irregularities in the Delhi Excise Policy 2021-22. As per the agency, the policy was manipulated to enable cartelisation and monopolisation in the liquor trade, with alleged kickbacks flowing to AAP leaders.
A parallel investigation was also initiated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA). The allegations centred on a purported criminal conspiracy during the formulation of the policy, wherein deliberate loopholes were allegedly introduced to benefit select licensees after the tender process.
On February 27 this year, a trial court discharged Kejriwal and 22 other accused in the case. CBI challenged this verdict in the High Court, which is presently under consideration before Justice Sharma.
On March 9, the High Court issued notice in the matter, stayed directions for departmental action against the investigating officer, and prima facie observed that certain findings of the trial court were erroneous. It also directed the deferment of proceedings under the PMLA, based on the CBI case.
Following these developments, Kejriwal and other accused, including Sisodia, Pathak, Vijay Nair, Arun Pillai and Chanpreet Singh Rayat, moved applications seeking the judge’s recusal. After the plea was rejected, Kejriwal, Sisodia, and Pathak decided to abstain from further participation in the proceedings before Justice Sharma.
The case relates to the formulation and implementation of the Delhi excise policy for 2021–22, which was introduced by the Delhi government with the stated objective of reforming the liquor trade and increasing revenue. The policy was later withdrawn after allegations of procedural irregularities and the grant of undue pecuniary advantage to private licensees surfaced.
Acting on directions issued by the Lieutenant Governor, the CBI registered a case and initiated investigation into alleged offences, including criminal conspiracy, abuse of official position and corruption.
CBI alleged that key decisions under the policy were taken without requisite approval of the competent authority and designed to confer unlawful gains on select entities, resulting in loss to the public exchequer. The investigation also led to parallel proceedings under anti-money laundering laws.
Sisodia was arrested by CBI in February 2023 and subsequently by the Enforcement Directorate in March 2023. Kejriwal was later taken into custody by the CBI in June 2024 while he was already in judicial custody in connection with related proceedings. Both leaders were granted bail after prolonged periods of incarceration.
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