Kejriwal, Sisodia and Others Discharged in Delhi Excise Policy Case: Legal Meaning, Statutory Basis and Constitutional Context

I. Case Background

In a significant development in the Delhi excise policy investigation, 23 accused persons — including former Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, Telangana politician K. Kavitha and AAP leader Vijay Nair — were discharged by Special Judge Jitender Singh of the Rouse Avenue Court, New Delhi, in the Central Bureau of Investigation (CBI) case relating to the now-scrapped Delhi liquor policy.

The Central Bureau of Investigation had registered an FIR in August 2022 alleging criminal conspiracy and corruption in the formulation and implementation of the Delhi Excise Policy 2021–22. Three charge sheets were filed, with the second naming Kejriwal.

The CBI alleged that ₹100 crore was paid by a so-called “south lobby” to influence the excise policy in favour of certain private players. Charges invoked included criminal conspiracy, cheating, destruction of evidence and offences under the Prevention of Corruption Act.

However, the trial court held that there was “no overarching conspiracy or criminal intent” and found that the prosecution had attempted to build a narrative based on conjecture rather than concrete evidence. The court discharged all accused at the pre-trial stage.

The CBI has announced its decision to challenge the order before the Delhi High Court by way of a revision petition.

II. What “Discharge” Means in Criminal Law

The distinction between discharge and acquittal is central to understanding this order.

Stages of a Criminal Case

Under Indian criminal procedure, a typical prosecution proceeds through four stages:

  1. Registration of FIR

  2. Filing of charge sheet (final report)

  3. Court scrutiny to determine whether a prima facie case exists

  4. Trial leading to conviction or acquittal

In the present matter, the proceedings were halted at Stage 3.

Statutory Basis for Discharge

The discharge of an accused in cases triable by a Court of Session is governed by Section 227 of the Code of Criminal Procedure, 1973 (CrPC). For warrant cases instituted on police report before Magistrates, discharge is governed by Section 239 CrPC.

Section 227 provides that if the judge considers that “there is not sufficient ground for proceeding against the accused,” the accused shall be discharged.

This means the court must examine whether the material on record discloses a prima facie case. It does not conduct a mini-trial or assess credibility of witnesses in detail.

An acquittal, by contrast, occurs after a full trial under Sections 232 or 235 CrPC (or corresponding provisions), where evidence is led, cross-examined and adjudicated.

Thus, discharge is termination of proceedings before charges are framed. It is not a declaration of innocence after evidentiary scrutiny, but a finding that allegations do not cross the threshold required to begin trial.

Importantly, discharge does not bar further proceedings if new evidence emerges or if a superior court sets aside the discharge order.

III. Offences Alleged by the CBI

The CBI’s FIR invoked provisions under:

1. Indian Penal Code, 1860

  • Section 120B – Criminal conspiracy

  • Section 420 – Cheating

  • Section 201 – Causing disappearance of evidence

These provisions require proof of agreement to commit illegal acts, dishonest inducement, and intentional destruction of evidence.

2. Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 criminalises abuse of official position for pecuniary advantage and bribery involving public servants.

For a charge under this Act, prosecution must establish a prima facie nexus between official action and unlawful gain.

The trial court held that such threshold material was not demonstrated sufficiently to frame charges.

IV. Constitutional Dimensions

Although the present order is procedural, it implicates several constitutional principles:

Article 21 – Protection of Life and Personal Liberty

Article 21 guarantees that no person shall be deprived of personal liberty except according to procedure established by law. Arbitrary or unsupported prosecution can violate this guarantee.

The Supreme Court has held that fair procedure includes protection against unwarranted criminal trials.

Article 14 – Equality Before Law

The principle requires that similarly situated persons be treated alike. Petitioners have argued in several corruption cases that selective prosecution or politically motivated investigations can raise Article 14 concerns.

Article 19(1)(a) and 19(1)(c)

Where political leaders are accused in high-profile corruption cases, issues of democratic participation and political freedoms may arise indirectly, especially if incarceration affects electoral processes.

V. Judicial Precedents on Discharge and Prima Facie Standard

The Supreme Court has clarified the standard for discharge in multiple cases.

State of Karnataka v L. Muniswamy (1977)

In State of Karnataka v L Muniswamy, the Court held that if the material does not disclose sufficient ground for proceeding, the court must discharge the accused to prevent abuse of process.

Union of India v Prafulla Kumar Samal (1979)

In Union of India v Prafulla Kumar Samal, the Court laid down that at the stage of framing charge, the judge must determine whether there is strong suspicion leading to presumption of guilt.

Sajjan Kumar v CBI (2010)

In Sajjan Kumar v CBI, the Supreme Court reiterated that the court must sift the material to see whether allegations, if unrebutted, would warrant conviction.

If the material does not raise grave suspicion, discharge is justified.

The trial court in the Delhi excise matter appears to have applied this threshold test and concluded that the evidence did not meet the required standard.

VI. Parallel Proceedings: Enforcement Directorate Case

Separate from the CBI case, the Enforcement Directorate is investigating alleged money laundering under the Prevention of Money Laundering Act, 2002 (PMLA).

The ED has probed alleged hawala transfers and shell companies connected to the excise policy. Kejriwal was arrested by the ED in March 2024 and later by the CBI. He was subsequently granted bail by the Supreme Court of India in both cases.

The discharge in the CBI case does not automatically terminate proceedings under PMLA, as they are distinct though factually interlinked.

VII. Legal Consequences of Discharge

  1. The accused are freed from trial in the present proceedings.

  2. The prosecution may challenge the discharge before the High Court under revisional jurisdiction (Sections 397–401 CrPC).

  3. If the High Court reverses the order, trial may proceed.

  4. If fresh evidence surfaces, a new charge sheet may be filed subject to legal safeguards.

Thus, discharge is not equivalent to a final exoneration like acquittal after trial, but it is a significant judicial finding that the prosecution’s case lacks sufficient prima facie foundation.

VIII. Political and Institutional Implications

The case carries substantial political implications, as allegations were framed as part of a large-scale corruption conspiracy.

The court’s finding that the prosecution narrative relied on conjecture may influence public discourse on investigative standards and prosecutorial accountability.

The recommendation of departmental inquiry against CBI officials further raises institutional questions about investigative rigour.

At the same time, the BJP has described the ruling as technical and appealable, indicating that appellate scrutiny is likely.

IX. Conclusion

The discharge of Arvind Kejriwal, Manish Sisodia and others in the Delhi excise policy case represents a critical procedural milestone rather than a verdict after trial.

Under Sections 227 and 239 of the Code of Criminal Procedure, discharge reflects a judicial finding that the allegations do not cross the prima facie threshold required to frame charges.

The CBI retains the right to challenge the order before the Delhi High Court. Parallel proceedings under the Prevention of Money Laundering Act continue independently.

The distinction between discharge and acquittal is legally significant: discharge halts prosecution before trial due to insufficiency of material, while acquittal follows full evidentiary examination.

This case illustrates the judiciary’s gatekeeping role at the threshold stage of criminal prosecution, ensuring that trials are not commenced on speculative or insufficient evidence while preserving the prosecution’s right to appellate review.

Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Encroachment on Public Land: A Growing Threat to Governance and Public Welfare

Image
Encroachment of public land has become one of the gravest challenges in India’s urban and rural governance. From roads and footpaths to village ponds and forest areas, illegal occupation of land not only undermines the rule of law but also threatens environmental sustainability, public resources, and the right to equitable access. The recent directive from the Allahabad High Court , ordering the removal of encroachments from public land within 90 days across Uttar Pradesh , marks a crucial step toward restoring accountability and protecting common property. Allahabad High Court’s Landmark Order In a public interest litigation (PIL) filed by Manoj Kumar Singh , it was alleged that a village pond in Chauka village of Mirzapur district was encroached upon by locals and that the administration failed to take action. The bench led by Justice P.K. Giri , in an order dated October 6, 2025 , directed the Uttar Pradesh government to remove all encroachments from public or utility lands wi...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Supreme Court Allows Collection of Voice Samples from Witnesses — Not Just Accused Persons

Image
In a significant development that clarifies an important aspect of criminal procedure, the Supreme Court of India has ruled that a court can order voice sample collection not only from the accused but also from witnesses , if such evidence is necessary for a criminal investigation. The ruling further strengthens the scope of forensic evidence admissibility while ensuring that such orders do not violate the constitutional protection against self-incrimination. Voice Samples Do Not Amount to Self-Incrimination A bench comprising Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran observed that the act of furnishing a voice sample does not violate Article 20(3) of the Constitution, which protects an accused person from being compelled to be a witness against themselves. The bench clarified that providing a voice sample falls in the same category as submitting fingerprints, handwriting, or signature specimens , none of which amount to testimonial compulsion. Quoti...
Read more