Senior Advocate Vikas Singh hails Arvind Kejriwal’s discharge in the excise policy case as a landmark development. He says it could lead to a rethink of criminal law, criticizing arrests based on inadmissible evidence.
Senior Advocate Vikas Singh on Friday termed the discharge of Aam Aadmi Party (AAP) national convenor Arvind Kejriwal in the Delhi excise policy case as a landmark development and said it could prompt a rethinking of the present criminal jurisprudence in the country.
Legal Expert on ‘Inadmissible Evidence’
Speaking on the matter, Singh said the case highlights concerns over arrests and legal proceedings based on inadmissible evidence, which needs reconsideration. “This case will be a landmark in many ways. This will pave the way for some rethinking of the present criminal jurisprudence that we have in the country. What is happening today is that evidence which is not admissible becomes the basis for the arrest, bail, remand, etc,” Singh said.
He further added that when cases collapsed due to a lack of evidence, there is no mechanism to compensate individuals for the incarceration or reputational damage suffered during the legal process. “When the matter ultimately fizzles out like this because there is no evidence and the acquittal happens, there is no way by which you can give back that period of either incarceration or the humiliation that one faces because of the criminal case,” he added.
Singh also stressed the need for courts to rely on strong admissible evidence while deciding on bail and other legal proceedings. “It’s high time now that all courts look at solid admissible evidence before deciding on whether bail should be granted or not granted,” he said.
He also appreciated the court’s decision, calling it a bold step in today’s time. “I appreciate the judge who has taken this very bold decision in today’s time,” Singh added.
Court Discharges All Accused, Cites Lack of Evidence
Reacting to the development, the political reactions remained divided, with Congress terming the case part of the BJP’s “predictable script” and the Central Bureau of Investigation (CBI) approaching the Delhi High Court challengeing the trial court’s discharge order.
The discharge of Arvind Kejriwal and the other accused in the excise policy case has triggered widespread legal and political debate across the country.
Holding that the prosecution had failed to disclose “even the threshold of a prima facie suspicion, far less the grave suspicion” required for framing of charges, a Special Court in Delhi discharged all 23 accused in the CBI case relating to the Delhi Excise Policy 2021-22.
In a strongly worded order, Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court ruled that the prosecution’s case was “legally infirm, unsustainable, and unfit to proceed any further in law”.
Court Critical of CBI’s Approach
The Court observed that when the material collected by the agency was tested on the touchstone of admissibility, relevance and probative value, “the appearance of a coherent conspiracy dissolves,” exposing the allegations as being founded on inadmissible material and post-facto reconstruction.
Among those discharged are Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others.
The Court was critical of the approach adopted by the Central Bureau of Investigation (CBI), particularly its reliance on approver statements. It cautioned that granting a pardon to an accused and then using his testimony to fill gaps in the prosecution’s case or rope in additional accused would undermine constitutional safeguards.
The FIR in the case was registered in August 2022 following a complaint by Delhi Lieutenant Governor VK Saxena, alleging that the now-scrapped excise policy was designed to favour select liquor licensees by reducing licence fees and fixing profit margins, resulting in kickbacks and losses to the exchequer.
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