Prima facie erroneous: Delhi HC stays trial court order for action against CBI IO in excise case

NEW DELHI, March 9: The Delhi High Court on Monday stayed a trial court recommendation on initiation of departmental action against the CBI’s investigating officer in the excise policy case and sought the stand of former chief minister Arvind Kejriwal and 22 others on a petition by the agency challenging their discharge in the matter.
Issuing notice to all 23 accused, Justice Swarana Kanta Sharma said certain observations and findings of the trial court at the stage of framing of charges “prima facie appear erroneous and need consideration”.
Justice Sharma further said the reasons given for passing “scathing remarks” against the CBI official, including that he abused his official position to conduct an unfair investigation, were “prima facie foundationally misconceived, especially when made at the stage of charge itself”.
“Needless to say, at this stage, the reasons given for passing such remarks are also under challenge in the present petition and need consideration as opined by this Court. In view of the aforesaid, the observations limited only qua the Investigating Officer are stayed, till the next date of hearing, including the direction recommending departmental action against him,” the court said in its order.
“This Court is of the opinion that certain factual discrepancies pointed out in the impugned order, the observations made by the learned Trial Court regarding statements of the witnesses and the approvers, at the stage of charge itself, prima facie appear erroneous and need consideration when viewed in the background of well-settled law on charge and conspiracy,” it added.
The court listed the matter for hearing on March 16 and directed that replies be filed by Kejriwal, former deputy chief minister Manish Sisodia and others by then.
It further directed the trial court to adjourn the connected money laundering case probed by the Enforcement Directorate to a later date and await the outcome of the CBI’s petition.
During the hearing, Solicitor General Tushar Mehta, on behalf of the investigating agency, urged the court to stay the operation of the “prejudicial” remarks by the trial court on the CBI officials.Mehta urged the court to finally decide the CBI’s plea by fixing a time schedule for the hearing.
He contended that the trial court order discharging Kejriwal and Sisodia in the excise policy case was perverse and “turned the criminal law on its head”.The excise policy case was one of the biggest scams and a clear case of corruption, he alleged. There is enough evidence against Kejriwal, Sisodia and other accused for framing charges, and the CBI’s case was supported by the approvers and witnesses, he added. (PTI)