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In a sharp rebuke, Delhi’s Rouse Avenue Court on Friday recommended a departmental inquiry against the investigating officer of the Central Bureau of Investigation (CBI) while discharging all accused, including former Delhi Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia, in the Delhi excise policy case.
Special CBI Judge Jitendra Singh flagged what he described as serious lacunae in the probe and questioned the basis on which certain individuals were implicated. The court observed that there was no material against former Deputy Excise Commissioner Kuldeep Singh, yet he was made an accused. Expressing surprise, the judge remarked that no evidence was found against him and criticised the manner in which the case had been constructed.
The court also pointed out that the alleged confessional statement of a key prosecution witness was not included in the chargesheet, despite the case being largely built around it. Additionally, it noted that one of the witnesses had changed his statement multiple times, triggering doubts over the consistency and reliability of the evidence presented.
Objecting to the use of the term “South Group,” the court questioned who coined the expression and whether such terminology was appropriate in a chargesheet. The judge said that investigating officers must place facts accurately before the court and ensure fairness in the process.
While granting relief to Sisodia, the court said the allegations failed judicial scrutiny and found no criminal intent on his part. In Kejriwal’s case, it held that the alleged central conspiratorial role could not be sustained. The court further observed that individuals holding constitutional posts must be protected from baseless implications and that every citizen has the right to a fair trial.
The CBI had alleged that Rs 100 crore was paid by a “south lobby” to influence the now-withdrawn excise policy and argued that the conspiracy should be assessed in its entirety during trial. A total of 23 individuals were chargesheeted in the case.
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