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Order discharging Kejriwal can’t be on record ‘for a second more than necessary’, CBI tells Delhi HC
The Central Bureau of Investigation on Monday told the Delhi High Court that an order discharging all 23 accused persons, including Aam Aadmi Party chief Arvind Kejriwal, from the liquor policy case should not remain on record “even for a second more than what is necessary”, Live Law reported.
Solicitor General Tushar Mehta made the statement after N Hariharan, the lawyer for Kejriwal, said that the AAP chief has approached the Supreme Court against a High Court order staying the trial court’s adverse observations about the CBI.
Mehta said that while it was Kejriwal’s right to challenge the High Court order, if the plea in the top court was being cited as a reason for adjournment, then he must ensure that the petition is listed this week, according to Live Law.
The solicitor general contended that seeking a reply from the AAP leaders was not necessary as the entire record of the trial court was available, PTI reported. He demanded that Kejriwal and the other respondents should not be given more than a week to file their responses.
“We seriously object to the order,” Mehta told the High Court, according to Live Law. “It cannot remain on record even for a second more than what is necessary.”
Mehta contended that the order discharging all the accused persons was “perverse” and its existence constituted a prejudice to the system.
However, the High Court granted the respondents two weeks to file their replies.
The trial court had passed the order discharging all the accused persons on February 27. The court had criticised the CBI for implicating Kejriwal and AAP leader Manish Sisodia without any cogent material and said the chargesheet contained several gaps not supported by witnesses or statements.
The trial court had also said it would recommend a departmental inquiry against CBI officials who made a public servant the accused number one in the case. It had said that there was no overarching conspiracy or criminal intent behind the excise policy.
The CBI has filed an appeal against the order.
Kejriwal had urged the High Court to transfer the case from Justice Swarana Kanta Sharma to another bench. However, the High Court’s Chief Justice Devendra Kumar Upadhyay rejected the request, according to Live Law.
Also read: Why a court held CBI’s corruption case against Kejriwal was so flimsy it could not even go to trial
Source: Scroll
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