New Delhi

The Delhi High Court on Monday granted time to former Delhi chief minister Arvind Kejriwal, his former deputy Manish Sisodia and 21 others to respond to a plea by the Central Bureau of Investigation challenging their discharge in the alleged excise policy scam case.

Justice Swarana Kanta Sharma listed the matter for further hearing on April 6.

The court noted that Kejriwal and the other accused had not appeared on the first day of the hearing when they were directed to file replies and were now seeking additional time.

Appearing for the CBI, Solicitor General Tushar Mehta argued that the trial court’s discharge order was “perverse” and should not remain on record longer than necessary. He said the accused should be given no more than a week to file their responses.

Mehta also contended that a reply was unnecessary as the entire trial court record was already available before the high court.

Senior advocate N. Hariharan, appearing for Kejriwal, informed the court that the accused had already approached the Supreme Court of India challenging the matter.

“I have not received any stay yet… till the court gets an order staying the proceedings, the case has to proceed,” Justice Sharma observed.

Mehta maintained that if the accused were seeking adjournment on the ground of approaching the Supreme Court, it should be ensured that the matter was listed there this week.

Counsel for the accused argued that there was no urgency and sought reasonable time to file their replies, saying no prejudice would be caused to the CBI if more time was granted.

On February 27, a trial court discharged Kejriwal, Sisodia and 21 others, holding that the CBI’s case could not withstand judicial scrutiny and lacked admissible evidence.

The court had ruled that the alleged conspiracy behind the liquor policy was a “speculative construct” based on conjecture and surmise, and forcing the accused to face a full trial without legally admissible material would not serve the ends of justice.

Kejriwal and Sisodia later moved the Supreme Court after the Chief Justice of the Delhi High Court, D. K. Upadhyaya, declined their request to transfer the CBI’s plea to another bench.

Earlier on March 9, the high court issued notice on the CBI petition and stayed the trial court’s recommendation to initiate departmental action against the agency’s investigating officer in the case.

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Justice Sharma also directed the trial court to adjourn the connected money laundering case being probed by the Enforcement Directorate and await the outcome of the CBI’s petition.