Delhi High Court Rejects Kejriwal’s Plea to Transfer Excise Policy Case
New Delhi – The Delhi High Court’s Chief Justice, D.K. Upadhyaya, has rejected a request from former Delhi Chief Minister Arvind Kejriwal to transfer the Central Bureau of Investigation’s (CBI) plea challenging his discharge in the excise policy case to another judge. The decision, made on March 15, 2026, maintains that the case will be heard by Justice Swarana Kanta Sharma, as per the current roster.
Background of the Case
The case centers around allegations of irregularities in the Delhi government’s 2021 excise policy, which aimed to boost revenue and reform the liquor trade. The policy was later withdrawn following accusations of corruption and a subsequent investigation ordered by Lieutenant-Governor Vinay Kumar Saxena. The Enforcement Directorate (ED) and CBI allege that the policy granted undue advantages to private entities.
Kejriwal’s Argument for Transfer
Kejriwal argued that a “grave, bona fide, and reasonable apprehension” existed that the matter might not receive an impartial hearing before Justice Sharma. He cited previous rulings by the judge in related excise policy cases, suggesting a pre-formed opinion. He contended that the March 9 order issuing notice on the CBI’s plea did not adequately explain any perceived errors in the trial court’s observations.
Court’s Reasoning for Rejection
Chief Justice Upadhyaya stated that there was no reason to transfer the petition administratively, as Justice Sharma was already hearing the case in accordance with the established roster. The court emphasized that any request for recusal should be addressed to the judge concerned.
Timeline of Events
- February 27, 2026: A trial court discharged all 23 accused individuals, including Kejriwal, Manish Sisodia, and K. Kavitha, citing lapses in the CBI’s investigation and a lack of concrete evidence.
- June 26, 2024: Kejriwal was arrested by the CBI although in Enforcement Directorate (ED) custody related to the money laundering case stemming from the alleged liquor policy scam.
- September 13, 2024: Kejriwal was released after the Supreme Court granted him bail in the CBI case, following interim bail in the ED case.
- February 26, 2023: Manish Sisodia was first arrested by the CBI in connection with the excise policy case.
- March 9, 2023: Sisodia was arrested by the ED.
- March 21, 2024: Arvind Kejriwal was initially arrested by the Enforcement Directorate.
Trial Court Observations
The trial court, in its discharge order, criticized the CBI’s investigation, noting “voluminous chargesheet” with numerous deficiencies unsupported by witness statements or evidence. The court found that allegations against Kejriwal lacked corroboration and were based solely on statements from co-accused individuals. It also raised concerns about the CBI repeatedly re-recording statements of approvers to strengthen the prosecution’s case.
Current Status
The CBI’s petition challenging the discharge of Kejriwal and others is scheduled for hearing before Justice Swarana Kanta Sharma on Monday, March 16, 2026. The High Court has also requested the trial court handling the money laundering proceedings to postpone the case until the outcome of the CBI’s plea is known.