The CBI has filed caveats in the Supreme Court against pleas by Arvind Kejriwal and Manish Sisodia to transfer the Delhi excise policy case from a specific High Court judge, ensuring the agency is heard before any order is passed by the apex court.
The Central Bureau of Investigation (CBI) has filed three caveat applications before the Supreme Court in connection with the Special Leave Petitions (SLPs) filed by former Delhi Chief Minister Arvind Kejriwal, senior AAP leader Manish Sisodia and other accused challenging the Delhi High Court orders in the excise policy case and seeking transfer of the matter.
The caveats have been filed to ensure that the Supreme Court does not pass any order without first hearing the CBI. Such applications are typically moved when a party anticipates urgent listing of a matter and wants to secure an opportunity to present its side before any interim directions are issued.
According to available information, three separate caveats have been lodged by the agency. At present, the SLPs filed by Kejriwal and others are reflected as “under defect” on the Supreme Court website, indicating that certain procedural compliances are still pending before the matter can be formally listed.
Petitioners Seek Transfer of Case
In their petitions filed under Article 32 of the Constitution, Kejriwal, Sisodia and other accused have sought transfer of proceedings from the Bench of Justice Swarana Kanta Sharma of the Delhi High Court. The plea raises concerns over certain remarks and observations allegedly made by the judge during earlier hearings, particularly in bail matters connected to the excise policy case.
The petitioners contend that prima facie ex parte observations made in prior proceedings give rise to a reasonable apprehension about the fairness of future hearings. They have also referred to a recent development where the judge, while hearing the CBI’s appeal against a trial court order discharging all accused, stayed the proceedings before the trial court.
High Court’s Stance on Transfer Plea
The move to approach the Supreme Court follows the refusal of the Delhi High Court’s Chief Justice, Devendra Kumar Upadhyaya, to transfer the case on the administrative side. In his communication, the Chief Justice stated that the matter had been assigned as per the roster and that there was no ground to order its transfer, adding that any decision on recusal rests with the concerned judge.
“The petition is assigned to the judge as per the current roster. Any call of recusal has to be taken by the Hon’ble judge. I, however, do not find any reason to transfer the petition by passing an order on the administrative side,” the Chief Justice said.
Background of the Delhi Excise Policy Case
The Delhi excise policy case relates to alleged irregularities in the now-scrapped Excise Policy 2021-22 and is being investigated by the CBI and the Enforcement Directorate (ED). Several AAP leaders, including Kejriwal and Sisodia, have been named as accused.
With the CBI now lodging caveats and the petitions yet to be cleared of defects, the matter is expected to be taken up by the Supreme Court after completion of procedural formalities. (ANI)
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