Arvind Kejriwal, Manish Sisodia move Delhi HC against CBI's challenge to Excise Policy case verdict

Former Delhi Chief Minister Arvind Kejriwal and Deputy Chief Minister Manish Sisodia have filed applications in the Delhi High Court seeking the rejection of the Central Bureau of Investigation (CBI) challenge to their discharge in the Excise Policy case.

The applications have been moved in the revision plea filed by the CBI against the trial court's order of February 27, 2026. They raise preliminary objections to the maintainability of CBI's case.

One of the grounds raised by Kejriwal and Sisodia is that the revision plea was filed within 4 hours of the trial court judgment with "unprecedented haste" and in the "most unserious manner". It has been argued that the revision petition does not point out any specific illegality/discrepancies in the trial court judgement.

"That the present omnibus CBI petition failed to even plead- against each accused person specifically - as to how the discharge order is an order passed without any evidence or that material evidence is ignored qua the specific accused or which finding -in which para- for which accused- amounts to judicial discretion is exercised arbitrarily or perversely. That CBI has also failed to produce any evidence, material or documents with the present Revision Petition to show the perversity in the order of discharge," Sisodia said in his application.

Further, it has been stated that due to filing of such "bare-shell, omnibus and non-specific petition", prejudice is being caused to the respondents as they are unable to discern the case they have to meet.

The applications are likely to come up for hearing before Justice Manoj Jain on August 18.

A trial court had on February 27 this year discharged Kejriwal and 22 other accused from the case. The CBI challenged the order and the same initially came up before Justice Swarana Kanta Sharma.

On March 9, Justice Sharma issued notice in the matter and stayed the trial court direction for departmental proceedings against the CBI officer who investigated the case. Justice Sharma also gave a prima facie finding that some of the observations made by the trial court in its order were erroneous. She further directed the trial court to defer the PMLA proceedings, which are based on the CBI's case.

Kejriwal and other accused - Sisodia, Pathak, Vijay Nair, Arun Pillai and Chanpreet Singh Rayat - subsequently filed applications for Justice Sharma's recusal.

They alleged conflict on interest on her part in hearing the case since her children are lawyers on Central government lawyers' panel. They also alleged ideological bias on her part, citing her attendance at events hosted by Adhivakta Parishad, the lawyers wing of Rashtriya Swayamsevak Sangh. These arguments were initially rejected by Justice Sharma, who decided that she would continue hearing the matter.

Subsequently, Kejriwal, Sisodia and Pathak decided to boycott the proceedings before Justice Sharma. Later, Justice Sharma decided to initiate contempt of court proceedings against Kejriwal and others for their allegations against her. In view of the same, she also decided that she will not hear the Excise Policy case.