Excise Policy: Delhi Court Directs CBI To Disclose All Communications, Witness Statements, & Search Memos
A Delhi court has directed the Central Bureau of Investigation (CBI) to provide a detailed list of all notices, summons, and written communications issued in the Delhi Excise Policy case, along with any responses received, to be included either in the list of relied-upon documents or unrelied documents (URDs).
Special Judge (PC Act) Dig Vinay Singh, Rouse Avenue Courts, ruled on May 22 that if the CBI does not intend to rely on these documents during trial, they must be included in the URD list, which shall be made available for inspection by the accused.
The Judge also directed the Investigating Officer (IO) to file an affidavit confirming that no such document has been omitted. Additionally, the IO must clarify through a separate affidavit whether any search and seizure memos have been excluded from the URDs, as alleged by accused Amandeep Singh Dhall.
“If any such search and seizure memos are missing from the URD list, they are to be added. Conversely, if none are omitted, the IO must file an affidavit to that effect,” the Court said.
The CBI opposed the plea, arguing that such communications form part of the case diaries and not evidence per se, hence they are not subject to disclosure.
The Court, however, rejected this argument, holding that these documents do not fall under the protection of Section 172 of the CrPC.
The order also addressed contentions by accused Vinod Chauhan, who alleged that some witness statements recorded by the CBI were omitted from both relied and unrelied documents. The Court ordered the agency to decide within four weeks whether to furnish those statements. If not relied upon, they must be listed in the URDs, with an affidavit confirming full compliance.
Highlighting the need for an expeditious trial, the Court stated that arguments on framing of charges will proceed only after digital evidence and the URD list are provided to the accused.
The Court also cautioned that pending scrutiny of supplied documents by the accused must be completed without further delay.
“No further scrutiny applications shall be accepted qua the documents already supplied,” the Court warned, urging timely inspections in the interest of justice.
Several Aam Aadmi Party (AAP) leaders, including Arvind Kejriwal, Manish Sisodia, and Sanjay Singh, are among those named in the high-profile excise policy investigation.
Case Title: CBI v. Kuldeep Singh & Ors.