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Showing posts with the label Prevention of Corruption Act

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

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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 co...

Only Superior Courts Can Direct Re-Investigation: Punjab and Haryana High Court

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The Punjab and Haryana High Court has clarified that only superior courts such as the High Court or the Supreme Court have the authority to order a re-investigation in a criminal matter. Magistrates, the court observed, do not have the jurisdiction to issue such directions. Bench’s Observations Justice J.S. Bedi , while hearing a case involving a Sirsa resident, explained that “re-investigation” means a de novo investigation , which virtually nullifies and replaces the original investigation already conducted. This authority rests solely with the higher judiciary. In contrast, the Court distinguished this from “further investigation” , which remains within the domain of the investigating agency . However, the agency must ideally inform the magistrate before conducting further inquiry since a challan (charge-sheet) would already have been filed. The Court explained that further investigation usually arises when: Additional evidence is discovered against the existing accused...