‘CBI re-narrating evidence’: AAP leaders Kejriwal, Sisodia in liquor policy case

The two leaders were among 23 discharged in the excise policy case by a trial court in February.

Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish SisodiaAam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia. (Express Photo)

Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia have told the Delhi High Court that the Central Bureau of Investigation’s challenge to their discharge in the alleged liquor policy case does not point to any “perversity” in the trial court’s order, but merely seeks to ‘re-examine and re-narrate’ evidence already tested by the court.

In February, a trial court had discharged 23 accused in the case, including the two AAP leaders. In its observations, it also pointed to a “shoddy probe” by the CBI.

The CBI then moved the Delhi HC with a criminal revision plea challenging the discharge. Kejriwal and Sisodia also moved applications seeking the dismissal of the probe agency’s challenge.

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Justice Swarana Kanta Sharma, who was earlier dealing with the plea, had stayed the trial court’s recommendation for action against the CBI’s investigating officer in the case.

An issue of jurisdiction

The latest applications by the AAP leaders raise an issue on whether the CBI’s challenge can even be entertained by the Delhi HC in the revisional jurisdiction.

In revisional jurisdiction, the appellate court has limited scope of interference, primarily to examine the correctness or legality of the procedure involved in arriving at a decision.

Revisional jurisdiction is separate and limited in scope from the jurisdiction under which appeals are examined. Minus the latest applications seeking dismissal of the pleas, the AAP leaders are otherwise entitled to oppose the maintainability of the CBI plea.

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Highlighting that the CBI moved the revision plea before the Delhi HC four hours after the trial court’s judgment was made public, the AAP leaders said that the agency’s “bare-shell, omnibus and non-specific petition” fails to “discern any perversity or illegality in the impugned judgement (of the trial court).”

Adding that re-appreciation of evidence is not allowed in revisional jurisdiction, the AAP leaders said the CBI, in its plea, has only narrated “self-serving facts of the present case”. They said it has “nowhere pointed out pecific instances or irregularities” in the discharge judgment.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

 

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