New Delhi, March 2: Alleging that the trial court conducted a "mini-trial" at the stage of charge and passed a "patently illegal and perverse" order based on a selective reading of the prosecution's case, the Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging the discharge of all 23 accused in the Delhi Excise Policy case.
In its appeal, the agency contended that the Special Court, instead of examining whether a prima facie case was made out, went into a detailed appreciation of evidence akin to a full-fledged trial. The CBI stated that the Special Judge dissected the alleged conspiracy into separate limbs and evaluated them in isolation, ignoring the cumulative effect of the material collected during the investigation.
According to the appeal, the impugned order suffers from "errors apparent on the face of the record" and fails to appreciate the prosecution's case in its correct perspective.
The agency submitted that at the stage of framing the charge, the material on record is to be treated as uncontroverted and only a broad assessment is required to determine whether sufficient grounds exist to proceed. Instead, the trial court allegedly scrutinised minor contradictions and aspects that were not even central to the prosecution's case.
The CBI further argued that while individual acts attributed to the accused may not independently establish wrongdoing, when viewed collectively, they disclose a larger conspiracy to monetise the now-scrapped excise policy.
It claimed that the Special Judge ignored the foundation of the conspiracy theory and substituted it with his own interpretation of the roles of the individual accused persons.
Challenging the adverse remarks made against the investigating agency and the Investigating Officer, the CBI described them as unwarranted and incomprehensible.
It is submitted that a case involving allegations of corruption at the highest levels of the executive had been dismissed on the basis of incorrect legal conclusions and a misreading of the record.
The appeal also takes exception to the trial court's findings on the law relating to approvers and the evidentiary value of the material collected, asserting that the order runs contrary to settled principles laid down by the Supreme Court governing discharge and framing of charge.
The High Court is scheduled to hear the CBI's plea on March 9 before the Bench of Justice Swarna Kanta Sharma.
On February 27, Special Judge (PC Act) Jitender Singh of the Rouse Avenue Court discharged all 23 accused in the case registered by the CBI in connection with the Delhi Excise Policy 2021-22. The court held that no prima facie case was made out and observed that the prosecution's theory of conspiracy was based on conjectures rather than legally admissible evidence.
The trial court also raised concerns over the agency's reliance on an approver's statement and indicated that it would recommend a departmental inquiry against certain CBI officials. The case pertains to allegations that the excise policy was structured to benefit select private licensees, leading to alleged kickbacks and financial loss to the Delhi government. With the CBI's appeal now pending, the High Court will examine whether the discharge order withstands legal scrutiny. (ANI)
