Excise Policy Case Reaches Supreme Court After Delhi HC Declines Transfer Plea

New Delhi: Former Delhi Chief Minister Arvind Kejriwal and former Deputy Chief Minister Manish Sisodia have approached the Supreme Court of India seeking transfer of a key plea in the Delhi excise policy case after the Delhi High Court refused their request to move the matter to another bench.

The petitions were filed after the Delhi High Court Chief Justice declined an administrative request to transfer the Central Bureau of Investigation’s revision petition from the bench of Justice Swarana Kanta Sharma. The Chief Justice said the case had been assigned according to the court’s roster and there were no administrative grounds to shift it to another judge.

Kejriwal and Sisodia argued that they had a “reasonable apprehension” about receiving an impartial hearing before the same bench and sought the intervention of the Supreme Court to transfer the matter. They also challenged the High Court notices issued to them in connection with the CBI appeal.

The dispute arises from the now-scrapped 2021–22 Delhi Excise Policy, which was investigated by the Central Bureau of Investigation over alleged irregularities in the licensing of liquor sales. The agency had accused several political leaders and private entities of conspiracy and corruption linked to the policy.

However, on February 27 a special court at Rouse Avenue discharged Kejriwal, Sisodia and 21 other accused, ruling that the evidence presented by the prosecution did not establish a prima facie criminal conspiracy. The trial court also made strong observations on the investigation, stating the chargesheet lacked sufficient material to proceed with trial.

The CBI subsequently challenged the discharge order in the Delhi High Court, calling the trial court’s ruling legally flawed and arguing that the judge had exceeded the scope of proceedings at the stage of framing charges.

During hearings on March 9, Justice Swarana Kanta Sharma issued notices to all 23 accused in the case and stayed certain adverse observations made by the trial court against the investigating officer, noting that some findings appeared prima facie erroneous and required examination.

Separately, the Enforcement Directorate also approached the High Court seeking removal of remarks made against it by the trial court while dealing with the excise policy investigation.

After the High Court Chief Justice rejected the transfer request, Kejriwal and Sisodia escalated the matter to the Supreme Court, asking it to move the CBI revision plea to another bench and review the High Court proceedings.

The Supreme Court has not yet issued any order on the petitions. The High Court is expected to continue hearing the CBI challenge to the discharge order, keeping the politically sensitive excise policy case under close legal and political scrutiny.