Delhi HC Refuses Transfer of CBI’s Excise Policy Case from Justice Sharma – Implications for AAP Leaders

Overview The Delhi High Court (DHC) Chief Justice Devendra Kumar Upadhyaya rejected Arvind Kejriwal 's plea to shift the CBI 's excise‑policy criminal petition from Justice Swarana Kanta Sharma . The order underscores procedural propriety and the high court’s reluctance to intervene in bench‑allocation matters. Key Developments On 15 March 2026 , the DHC chief justice held that the petition is correctly rostered and any recusal must be sought by the judge herself. The petition challenges the trial‑court discharge of Kejriwal, Manish Sisodia and 21 others in the alleged liquor‑policy scam. Justice Sharma had earlier noted prima‑facie errors in the trial court’s observations on witness statements and the approver’s testimony. The court directed the trial court to adjourn pending the outcome of the CBI’s plea. Important Facts The trial court, on 27 February 2024 , discharged all 23 accused, stating that the Excise Policy allegations rested on co‑accused statements without independent corroboration. It also criticised the CBI for repeatedly re‑recording approver statements to fill evidentiary gaps. The ED had earlier detained Kejriwal in a related money‑laundering case; he was released after the Supreme Court granted bail on 13 September 2024 . UPSC Relevance This case touches upon several GS topics: the functioning and independence of the judiciary (GS2), the role of investigative agencies like the CBI and ED ; and the governance challenges of policy implementation, exemplified by the Excise Policy . Aspirants should note how judicial scrutiny can affect political accountability and the procedural safeguards for fair trial. Way Forward Future steps may include: (i) a detailed hearing of the CBI’s petition before Justice Sharma; (ii) possible appellate review by the Supreme Court on the trial court’s discharge order; and (iii) legislative oversight on the design and monitoring of revenue‑raising policies like the excise scheme. Monitoring these developments will help understand the balance between executive policy‑making, investigative oversight, and judicial review – a core theme in UPSC polity and governance.