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to Appoint for AAP Leaders in Excise Policy Scam Challenge
In a significant procedural development amid the politically charged Delhi Excise Policy corruption case, the has announced it will appoint three senior advocates as to represent leaders Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak. The trio, designated as respondents 8, 18, and 19 respectively in the case titled , have chosen to boycott proceedings before Justice Swarana Kanta Sharma following her dismissal of their applications alleging . This move ensures the hearings on the Central Bureau of Investigation's (CBI) revision petition challenging a 's discharge of all 23 accused—including the AAP heavyweights—can proceed fairly, highlighting the judiciary's commitment to procedural integrity even in the face of political standoffs.
Recent Developments: Amicus Appointment and Deferred Hearings
Justice Swarana Kanta Sharma, presiding over the single bench, made the announcement during Tuesday's hearing, noting the absence of representation for the boycotting respondents.
"I will appoint some senior as amicus for respondents 8,18 and 19,"
she stated verbatim, underscoring her intent to safeguard
. Elaborating further, the judge added,
"It will be appropriate if I hear arguments of CBI once I appoint amicus."
The court deferred substantive arguments, scheduling the next listing for
, when the names of the appointed seniors are expected to be formalized.
"I will appoint three seniors in this. Then we will start hearing,"
Justice Sharma affirmed.
, appearing for the CBI, sought clarification on whether the amicus would specifically represent Kejriwal and the others, receiving an affirmative response from the bench.
This intervention comes after Kejriwal, Sisodia, and Pathak formally wrote to the judge, declaring their decision to abstain from appearing either personally or through counsel. Their boycott was a direct fallout from the rejection of pleas last week, where Justice Sharma robustly defended her continuation, remarking that
"a politician cannot be permitted to sow seeds of distrust, and that the appeal for her
amounted to putting the judiciary on trial."
Background of the Delhi Excise Policy Case
The controversy traces back to the Delhi government's 2021 Excise Policy, framed by the AAP administration to revolutionize the liquor trade in the national capital. Aimed at boosting revenue through complete privatization, the policy shifted from government-controlled liquor vends to private licensees. However, allegations soon surfaced of irregularities, including manipulation for cartelization, monopolization, and kickbacks to AAP leaders from liquor manufacturers.
Lieutenant-Governor Vinay Kumar Saxena ordered a probe, leading the CBI to register an FIR in 2022. The agency accused officials, including Sisodia, of recommending and taking decisions on the policy
"without the approval of competent authority with an intention to extend undue favours to the licensee post tender."
Sisodia was arrested by CBI on , followed by ED custody on under the . He spent 530 days in custody before bail. Kejriwal, the AAP convenor and then Delhi Chief Minister, was arrested by CBI on , while already in ED custody, enduring 156 days before bail amid the 2024 Lok Sabha elections. Durgesh Pathak, another AAP figure, is also implicated.
Parallel ED proceedings under PMLA amplified the scam's dimensions, claiming the policy granted undue advantages to private entities at the public exchequer's expense.
Discharge and CBI's Revision Petition
On , the dropped a bombshell, discharging all 23 accused, including Kejriwal, Sisodia, K. Kavitha ( leader), and others. The court lambasted the CBI's investigation as deficient, a rare judicial critique that emboldened the defense.
Undeterred, CBI filed a revision petition under before the . On , Justice Sharma issued observations, deeming certain remarks "erroneous" and staying departmental proceedings against a CBI officer criticized by the lower court. She also halted the 's directives for further probes into investigative lapses.
Applications and Strategic Boycott
Post these observations, Kejriwal, Sisodia, and others moved applications, citing due to the judge's interim stance. Last week, Justice Sharma dismissed them, emphasizing judicial autonomy and rejecting what she viewed as attempts to or undermine the court. In a pointed observation, she framed the pleas as an assault on institutional integrity.
In response, the AAP leaders penned a letter boycotting the proceedings, leaving themselves unrepresented—a tactical escalation that prompted the amicus directive.
Appointment of : Legal Basis and Procedure
The appointment of invokes the court's under and broader equitable jurisdiction to assist in matters of public importance or where parties are unrepresented. In high-stakes cases like this, seniors often provide neutral advocacy, arguing on facts and law without client instructions. Precedents such as affirm only on proven bias, not mere apprehension, aligning with Justice Sharma's stance.
The selection of three advocates—one per respondent—signals the court's recognition of the case's complexity and political weight, ensuring CBI arguments are countered effectively.
Legal Analysis: Balancing Fairness and Independence
This episode underscores perennial tensions in politically infused litigation. The denial reinforces the high threshold for judicial disqualification—mere adverse orders do not suffice, per guidelines in . Yet, the boycott and amicus step highlight risks to perceived impartiality, potentially invoking fair trial rights.
Critically, the 's CBI critique versus HC's reversal raises investigative oversight issues. Was the probe flawed, or did the discharge court overreach? The amicus will likely dissect the revision on merits: sufficiency of evidence, policy decision legality, and corruption thresholds under PC Act.
Broader Implications for Legal Practice and Justice System
For legal professionals, this sets a template for handling boycotts in revision proceedings—amicus appointments prevent dilutions of rights. Senior advocates gain spotlight opportunities, but it burdens the pool in Delhi's overburdened courts. Politically, it neutralizes AAP's narrative of judicial vendetta, especially post-Kejriwal's bail and elections.
On the justice system, it bolsters resilience against "judge-shopping," vital in an era of ED/CBI surges against opposition leaders. Parallels to cases like Hemant Soren or P. Chidambaram illustrate systemic strains. Public trust hinges on transparent resolutions; the May 8 update could pivot outcomes.
Impacts extend to policy scrutiny: Future reforms may demand rigorous approvals, deterring "freewheeling" decisions. CBI/ED face pressure to fortify probes against discharge reversals.
Political and Investigative Context
The scam's timing—peaking during 2024 polls—fueled AAP's "central conspiracy" claims. Despite bail, the CBI challenge keeps the noose loose, with ED's money laundering limb ongoing. Kavitha's involvement adds inter-party intrigue.
Conclusion: Eyes on Friday's Hearing
As gears for amicus induction, this saga exemplifies judiciary's bulwark against procedural vacuums. Justice Sharma's measured approach promises a merits-focused adjudication, potentially reshaping excise scam narratives. Legal eagles await how seniors navigate the fray, with precedents aplenty in balance.
