‘No overarching conspiracy, criminal intent’: Delhi court discharges AAP chief Arvind Kejriwal, Sisodia in excise policy ‘corruption’ case
Pointing out that the chargesheet was filled with lacunae, the Judge also cited a quote by Martin Luther King: ‘Injustice anywhere is a threat to justice everywhere’.
Noting that there “was no overarching conspiracy or criminal intent in the excise policy”, a Delhi court discharged Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia and others in the CBI’s corruption case linked to the alleged excise policy “scam”.
“Kabhi kabhi jab file bahaut zyaada padte ho, toh aapse baat karne lagti hai file (Sometimes when you read too many files, the files start talking to you),” said Special Judge Jitendra Singh of Rouse Avenue Court before reading his discharge order.
“The prosecution case doesn’t stand scrutiny. The record reflects continuity, and consultation. There is no abrupt interruption to constitute criminal intent. The overarching conspiracy theory fails here. There are internal contradictions in the prosecution’s case,” said Judge Singh.
“The charge of manipulation can’t stand. The policy travelled through established constitutional channels. The structure of the policy doesn’t constitute any offence. The record reflects institutional deliberation,” he added.
The court noted that the confessional statements of the star witness were not put in the chargesheet.
Judge Singh also commented on the agency relying on approver statements. “If such a practice is allowed… rerecording of statements… it sets a wrong precedent”.
He also said that the chargesheet was filled with lacunae.
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The Judge concluded his order by citing a quote by Martin Luther King: “Injustice anywhere is a threat to justice everywhere”.
What the case is about
The case arose out of a report submitted in July 2022 by Delhi Chief Secretary Naresh Kumar to Lieutenant Governor (L-G) Vinai Kumar Saxena, pointing to alleged procedural lapses in the formulation of the Delhi Excise Policy 2021-22.
The report said “arbitrary and unilateral decisions” taken by Sisodia in his capacity as Excise Minister had resulted in “financial losses to the exchequer” estimated at more than Rs 580 crore. It alleged that “kickbacks… received by the AAP Delhi government and AAP leaders” from owners and operators of alcohol businesses for preferential treatment such as discounts and extensions in licence fee, waiver on penalties and relief due to disruptions caused by the Covid-19 pandemic, etc. were used to “influence” the Assembly elections held in Punjab and Goa in early 2022.
The policy came into force in November 2021, but was scrapped in July 2022.
Almost all top Aam Aadmi Party (AAP) leaders in the capital were once behind bars in relation to the excise policy case, including Kejriwal, Sisodia, and AAP Rajya Sabha MP Sanjay Singh.
While the CBI case goes, the ED case still remains.
The ED had alleged that the scam was to give the wholesale liquor business to private entities and fix a 12 per cent margin for a 6 per cent kickback. In its first prosecution complaint in November 2021, the ED said the policy was “formulated with deliberate loopholes” that “promoted cartel formations through the back door” to benefit AAP leaders.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
Professional Background
Education: Nirbhay is an economics graduate from Delhi University.
Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories.
Specializations: He has a specific interest in data stories related to courts.
Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials.
Recent notable articles
In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories.
1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.
2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation.
3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
Signature Style
Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public.
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