A new bench of the Delhi High Court on Tuesday directed the Central Bureau of Investigation (CBI) to inform former Chief Minister Arvind Kejriwal and Aam Aadmi Party (AAP) functionaries Manish Sisodia and Durgesh Pathak that the liquor policy case had been transferred to it and that they should appear before the court.
Court Proceedings
During a brief hearing, Justice Manoj Jain stated, "Ideal scenario would be if everyone is here and everyone is heard... Let them be intimated that the case has been allocated to this court. If they have to say anything or respond to the present petition, let them be served. Once everybody is here, we will draw a schedule of hearing."
A quick roll call of all the respondents revealed that only the three AAP functionaries were neither present nor represented by any lawyer. They had earlier announced a boycott of court proceedings after Justice Swarana Kanta Sharma rejected their plea to recuse from the case.
Next Hearing Scheduled
Justice Jain listed the case for hearing on May 25 while asking the CBI to inform the respondents. The agency has challenged the trial court's order discharging all accused in the liquor policy case. The case was listed before Justice Jain after Justice Sharma released it from her court last week.
During the hearing on Tuesday, Solicitor General Tushar Mehta, appearing for the CBI, stated that the trial court order of discharge "cannot withstand scrutiny of any court in the eyes of law." He also emphasised that the hearing should not be delayed as it concerned a "scam in the capital of the nation."
Deferral of Hearing
Noting that three respondents were unrepresented, Justice Jain deferred the hearing, saying, "They should be here, duly represented by a counsel. We can take this matter further." He orally observed that since the matter was already in the news, he assumed everyone would be aware of the change of bench. "But this is the requirement of the law also. We will not shy away from sending them fresh notice or message that now the case is before this court and, if you have anything to say, please tell us," the judge said. Mehta said the agency would inform them as per the court's directions.
The development marks a significant turn in the liquor policy case, with the CBI challenging the discharge of all accused. The court's insistence on proper notice ensures that the respondents are given an opportunity to be heard, upholding the principles of natural justice.
