Kejriwal, Sisodia among 23 people discharged in liquor policy case: How acquittal is different from acquittal, and why it matters

Anand Kumar
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Anand Kumar
Anand Kumar
Senior Journalist Editor
Anand Kumar is a Senior Journalist at Global India Broadcast News, covering national affairs, education, and digital media. He focuses on fact-based reporting and in-depth analysis...
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When Arvind Kejriwal collapsed outside New Delhi’s Ross Avenue court on Friday, he told reporters that the court had declared he and Manish Sisodia “honest.” This came after all 23 people named in the Delhi CBI’s tax or liquor policy case — including former CM Kejriwal, former CM Manish Sisodia, Telangana politician K Kavitha, and AAP leader Vijay Nair — were released by special judge Jitender Singh.

AAP national organizer Arvind Kejriwal and party leader Manish Sisodia celebrate with family members after a Delhi court cleared them in a tax policy-related corruption case, refusing to see the CBI chargesheet, in New Delhi. (Image: AAP via PTI)
AAP national organizer Arvind Kejriwal and party leader Manish Sisodia celebrate with family members after a Delhi court cleared them in a tax policy-related corruption case, refusing to see the CBI chargesheet, in New Delhi. (Image: AAP via PTI)

the The court ruled that there was no “overarching conspiracy or criminal intent” behind the tax policy and that the CBI had tried to build a conspiracy narrative “on the basis of conjecture rather than concrete evidence.”

Read also | Kejriwal breaks down after taking relief in Delhi’s liquor policy case: ‘The court said I was.’ Katar Imandar

In this, there is a crucial term that carries an additional meaning for Kejriwal and the others – they were completely “released”, not “acquitted”, meaning that the court did not even find enough substance in the allegations to hold a trial.

What does discharge actually mean

A discharge does not simply mean a verdict of guilt or innocence; It means ending the procedures permanently. “It is happening before Kashmir-based lawyer Abel Iqbal said the trial begins — before any witness is questioned or any evidence is tested in court.

Supreme Court lawyer Anas Tanveer said: “A person can be released before charges are brought against him due to insufficient evidence to establish a prima facie case.”

In simpler words, the case basically consists of four main stages:

  1. FIR or submit a complaint
  2. Chargesheet filed by police/investigating agency in court
  3. The court examines the charge sheet (sometimes called a “challan”) to determine whether the allegations, prima facie (on first impression), contain sufficient substance
  4. The trial is conducted to reach a verdict leading to conviction or acquittal

In Kejriwal’s case, the court stayed the proceedings at the third stage itself.

An acquittal does not prevent the prosecution from bringing charges again if new evidence comes to light or it has grounds to appeal the order to a higher court.

What will happen next?

The CBI has decided to approach the Delhi High Court challenging the Ross Avenue court ruling through a review petition.

The Central Bank of Iraq registered its case in August 2022 Under statutory provisions covering criminal conspiracy, fraud and disappearance of evidence, as well as the Prevention of Corruption Act. Three indictments were filed in total, with the second specifically naming Kejriwal.

The agency claimed so $100 Crores was paid bySouthern lobby” to influence the scrapped liquor policy. During the arguments, Additional Solicitor General D B Singh, representing the CBI, emphasized that the evidence should be tested at trial – not rejected before the trial begins. Senior advocate N Hariharan, representing Kejriwal, He told news agency ANI that the court “carefully reviewed all the evidence presented by the CBI and it cannot be said that any allegation crosses the threshold of accusation.”

The court even recommended an administrative investigation against CBI officials.

The Enforcement Directorate is pursuing a separate case under the Prevention of Money Laundering Act, investigating the alleged hawala transfers and shell companies linked to the main case. Kejriwal was arrested by the ED in March 2024 and then by the CBI, before the Supreme Court granted bail in both cases. He spent more than five months in prison.

Kejriwal’s statement outside court was emotional and politically charged. “The sitting prime minister was dragged from his home and put in prison,” he told reporters.

“(Home Minister) Amit Shah and (Prime Minister Narendra) Modi Gee Together they hatched the biggest political conspiracy to end AAP.”

The BJP responded by saying it was a technical issue that could be appealed. “The CBI will take the next step in this case. The party will give a structured response after studying the ruling in detail,” party spokesperson Sudhanshu Trivedi said in his first reaction.

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Anand Kumar
Senior Journalist Editor
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Anand Kumar is a Senior Journalist at Global India Broadcast News, covering national affairs, education, and digital media. He focuses on fact-based reporting and in-depth analysis of current events.
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