Delhi Liquor Case: HC to Appoint Senior Advocates for Kejriwal, Sisodia, Pathak

The Delhi High Court on Tuesday said it will appoint three senior advocates as amici curiae to represent Arvind Kejriwal, Manish Sisodia and Durgesh Pathak in the CBI’s appeal arising from the Delhi excise policy case , after the leaders chose not to participate in the proceedings.

The matter relates to the appeal filed by the Central Bureau of Investigation challenging a trial court order that had discharged all accused , including senior AAP leaders, in the liquor policy corruption case. The trial court had earlier ruled that there was insufficient material to proceed to trial , leading to the discharge of all 23 accused persons.

During the hearing, the accused leaders remained absent after opting for a boycott of proceedings , following the bench’s refusal to accept their recusal applications . The plea had alleged apprehension of bias, citing concerns over the judge’s impartiality, but Justice Swarana Kanta Sharma rejected the request, stating that judges cannot recuse themselves merely on the basis of unfounded allegations of bias .

Following their continued absence, the court observed that the appeal could not proceed in the absence of representation and therefore decided to appoint three independent senior lawyers as amici curiae to assist the court. The Solicitor General, appearing for the CBI, supported continuation of the hearing, noting that the matter should be decided on merits.

The case stems from a February 2026 trial court order in which all accused were discharged in the excise policy case. The trial court had observed that the prosecution had failed to establish a prima facie case , and that the investigation suffered from serious evidentiary gaps.

Subsequently, the CBI moved the High Court, arguing that the lower court had ignored key aspects of the investigation and that the matter required a full trial. The High Court later issued notice on the appeal and has been examining procedural issues along with the merits of the discharge order.

The leaders had earlier informed the court that they would not appear before the bench either personally or through counsel, stating they would follow a “Satyagraha” approach , further complicating the proceedings.

The matter has now been listed for May 8, 2026 , when the court is expected to finalise the appointment of amici and proceed with hearing the CBI’s challenge.