Delhi excise policy case decoded — 530 days, 23 accused, one verdict
politics & law • decoded

The Court Said No Evidence. The Damage Was Already Done.

Kejriwal. Sisodia. 23 accused. A Delhi court discharged them all — but not before 530 days in jail, 40 lost seats, and three election cycles. The CBI says it will appeal. The ED case continues. Who really lost here?

By R. Shankar | 20+ sources analyzed | February 27, 2026

February 26, 2023: The CBI arrests Manish Sisodia — Delhi's Deputy Chief Minister, architect of an education model that made international headlines. He won't breathe free air for 530 days.

March 21, 2024: The Enforcement Directorate arrests Arvind Kejriwal — a sitting Chief Minister pulled from his residence. He will spend ~156 days in custody before the Supreme Court grants bail.

February 27, 2026: Special Judge Jitendra Singh delivers his order. "No overarching conspiracy. No criminal intent." All 23 accused — including Kejriwal, Sisodia, K Kavitha, Sanjay Singh, and Vijay Nair — are discharged.

Same day: The CBI announces it will challenge the verdict in Delhi High Court.

Four years. Two central agencies. One chargesheet the court called "conjectural."
What the Court Actually Said

On February 27, 2026, Special Judge Jitendra Singh of the Rouse Avenue Court in New Delhi delivered his order on the CBI's chargesheet in the Delhi excise policy case. The order did not mince words. Here are the key findings:

The court found "no overarching conspiracy or criminal intent" in the formulation or implementation of the 2021-22 Delhi excise policy. It held that the CBI's chargesheet was built on "conjectural" reasoning — conjecture, not evidence. The judge noted that Arvind Kejriwal had been "implicated without any cogent material" linking him to any criminal act. For Manish Sisodia, the court found that the CBI failed to make out a prima facie case.

Perhaps most significantly, the court described the CBI's investigation as "pre-meditated and choreographed" — a phrase that carries weight from a sitting judge evaluating a federal investigation agency's work. The court also ordered a departmental inquiry against the CBI's Investigating Officer who handled the case.

All 23 accused persons — politicians, bureaucrats, businesspeople, and party functionaries — were discharged.

Discharge vs. Acquittal — Why the Distinction Matters

Discharge means the court has examined the prosecution's evidence and concluded there is not enough material to even begin a trial. Charges are never framed. The case does not proceed to the trial stage.

Acquittal is what happens after a full trial — when the court hears all evidence, examines witnesses, and finds the accused not guilty.

In this case, the prosecution's evidence was so weak that the court determined there was no point starting a trial at all. However, discharge is not the end. The CBI can — and has announced it will — file a criminal revision petition in the Delhi High Court. The High Court can uphold the discharge, overturn it and order a trial, or direct a fresh investigation.

What the Other Side Found

The court's finding that there was no criminal conspiracy does not mean the excise policy was without problems. A separate audit by the Comptroller and Auditor General of India — the CAG, India's constitutional auditor — found significant financial irregularities in the same policy.

The CAG report, tabled in the Delhi Assembly in 2025, flagged a total revenue loss of ₹2,026 crore to the exchequer:

Irregularity Amount Detail
No tenders for 19 zones where licenses were surrendered₹890 CrRevenue foregone when zones went untendered
Court issues not resolved before tender process₹941 CrPending litigation impacted revenue collection
License fees waived under COVID relief pretext₹144 CrWaivers granted without adequate justification
Errors in security deposit calculations₹27 CrComputational mistakes in deposits collected
Total flagged revenue loss₹2,026 CrCAG Report, 2025
These two findings are not contradictory. The court said there was no criminal conspiracy — no evidence that officials colluded with private parties to commit a crime. The CAG said there were administrative irregularities — policy decisions that led to revenue loss. Something can be a governance failure without being a crime — a pattern seen in India's railway privatization attempts as well. A badly designed policy is not the same as a corrupt one. Both findings can coexist, and both deserve attention.
The Timeline

To understand the scale of this case, trace the four years from policy launch to discharge:

November 2021 Delhi implements new excise policy — privatizes liquor retail, abolishes government-run vends, introduces open-bid licensing system. Revenue increases 27% in initial months.
July 2022 Delhi Lieutenant Governor V.K. Saxena recommends a CBI probe into the excise policy, citing alleged irregularities.
August 2022 CBI registers an FIR. The Enforcement Directorate separately registers a case under the Prevention of Money Laundering Act (PMLA).
September 2022 Vijay Nair, AAP's communications in-charge, becomes the first person arrested. Delhi government withdraws the excise policy and reverts to the old regime.
February 2023 CBI arrests Manish Sisodia — Deputy Chief Minister and Excise Minister. He is denied bail repeatedly.
March 2023 ED separately arrests Sisodia from inside Tihar Jail on money laundering charges.
October 2023 ED arrests Sanjay Singh, AAP's Rajya Sabha MP. He is released on bail later.
March 21, 2024 ED arrests Arvind Kejriwal — a sitting Chief Minister — from his official residence. He remains in custody.
June 2024 CBI separately arrests Kejriwal while he is already in ED custody, adding corruption charges to the money laundering case.
August 2024 Supreme Court grants bail to Manish Sisodia after approximately 530 days in custody. The court observes his right to speedy trial has been violated.
September 2024 Supreme Court grants bail to Arvind Kejriwal after approximately 156 days in custody across CBI and ED arrests.
February 2025 Delhi Assembly elections — BJP wins 48 out of 70 seats. AAP drops from 62 to 22 seats. Both Kejriwal and Sisodia lose their constituencies.
February 27, 2026 Court discharges all 23 accused in the CBI case. CBI's chargesheet called "conjectural." IO inquiry ordered. CBI announces it will appeal.
The Math — Who Lost What

Four years of investigation, incarceration, and political upheaval left a trail of measurable consequences. Here is the accounting — human, electoral, and financial.

The Human Cost
Person Role Days in Jail Political Cost
Manish SisodiaDeputy CM, Education Minister~530 daysLost Jangpura seat (2025)
Arvind KejriwalChief Minister~156 daysLost New Delhi seat by 4,089 votes
K KavithaBRS MLC (Telangana)Multiple monthsCase in different state entirely
Sanjay SinghAAP Rajya Sabha MPMonthsReleased on bail
Vijay NairAAP communications~2 yearsFirst to be arrested (Sep 2022)
18 othersVariousVaryingLives disrupted for 4 years
The Electoral Cost
Metric Before Case (2020) After Case (2025) Change
AAP seats in Delhi62/7022/70-40 seats
BJP seats in Delhi8/7048/70+40 seats
Kejriwal's constituencyWonLost by 4,089
Sisodia's constituencyWonLost
AAP jailed leaders' seatsWonAll lost0/5

Whether the excise case caused AAP's electoral decline or merely accompanied it is a matter of interpretation. The BJP argues that voters rejected AAP's governance record. AAP argues the case was designed to cripple the party before elections. The data shows the correlation; causation remains contested.

Sisodia — days in jail ~530
Kejriwal — days in jail ~156
Delhi governance gap — months without full leadership ~18
AAP seat loss 40 of 62
The Revenue Question
Metric Value Source
Revenue under new policy (2021-22)~₹8,900 Cr (27% increase)Delhi Excise Dept
CAG-flagged revenue loss₹2,026 CrCAG Report 2025
Projected target FY23₹9,454 CrBudget Estimates
Policy withdrawnSeptember 2022
Court's finding"No criminal conspiracy"Feb 2026 judgment
CBI conviction rate overall74.59% (2022)PIB
The Governance Gap

While the case dominated headlines and courtrooms, Delhi — a city-state of over 20 million people — experienced a period of diminished governance capacity. This is not about assigning blame to any party. It is about documenting what happened while key decision-makers were unavailable.

Manish Sisodia held the education portfolio — Delhi allocated roughly 25% of its state budget to education, the highest proportion of any Indian state. Under his tenure, the government built three new universities: Delhi Skill and Entrepreneurship University (DSEU), Delhi State University (DSU), and Delhi Teachers University. Delhi government schools surpassed private school results in board examinations for seven consecutive years.

The timing carries a particular irony: the New York Times published a major feature recognizing Delhi's education reforms in August 2022 — the same month the CBI registered its FIR against Sisodia.

With Sisodia in jail from February 2023 and Kejriwal arrested in March 2024, Delhi's administration operated without its two most senior elected officials for extended periods — during a period when the Union Budget 2026 was being shaped and state-level priorities needed advocacy. During this time: a heatwave in the summer of 2024 killed over 300 people, a recurring water crisis went unaddressed, and the ongoing deadlock between the elected government and the Lieutenant Governor over administrative control deepened.

None of this proves causation. Heatwaves happen regardless of who is in charge. Water crises have structural causes spanning decades. But the absence of elected leadership during a period of compounding urban challenges is a fact worth noting.

Two Agencies, One Case — How CBI and ED Work

For anyone following this case — especially younger readers encountering these acronyms for the first time — here is what the two agencies are and why both investigated the same set of events.

The CBI (Central Bureau of Investigation) investigates corruption by public servants under the Prevention of Corruption Act, 1988. It examines whether government officials misused their position for illegal gain. In this case, the CBI alleged that Delhi government officials conspired with liquor licensees to manipulate the excise policy for kickbacks.

The ED (Enforcement Directorate) investigates money laundering under the Prevention of Money Laundering Act (PMLA), 2002. It traces the movement of money that is allegedly the proceeds of a crime. Critically, the ED's case is built on a "predicate offense" — in other words, there must be an underlying crime (like the CBI case) for money laundering charges to hold.

Here is where the two cases now stand:

CBI Case — Discharged

  • All 23 accused discharged by trial court
  • Court found no evidence of criminal conspiracy
  • Chargesheet called "conjectural"
  • IO inquiry ordered for investigation conduct
  • CBI will appeal to Delhi High Court

ED Case — Still Ongoing

  • Money laundering prosecution continues independently
  • ED case was registered separately under PMLA
  • Predicate offense (CBI case) now weakened
  • Legal experts say PMLA case becomes harder — but not impossible — without predicate offense
  • Trial in ED case has not concluded
Can the ED case survive without the CBI case? Legally, yes — but it becomes significantly harder. The PMLA requires a "scheduled offense" (predicate crime) for money laundering to exist. If the CBI's case — the alleged predicate crime — is found to have no basis, the ED must independently prove that the money it traced originated from criminal activity. Courts have taken divergent views on whether a PMLA case can survive if the predicate offense collapses. This will likely be tested if CBI's appeal fails.
What Both Sides Say

AAP & Opposition Say

  • Court found zero evidence of any conspiracy — complete vindication
  • Kejriwal: "I am kattar imaandaar" (completely honest) — broke down after verdict
  • Leaders lost years of freedom for a case with no evidence — Sisodia spent 530 days in jail
  • Investigation officer's conduct so questionable that court ordered departmental inquiry
  • Punjab CM: "Truth always triumphs" — verdict proves agencies were politically weaponized

BJP & Government Say

What Happens Next — The Clock

The discharge order of February 27, 2026, is not the final word. Here is what lies ahead:

CBI's appeal: The CBI has announced it will file a criminal revision petition in the Delhi High Court challenging the discharge. The High Court has three options: (a) uphold the trial court's discharge order, effectively ending the CBI case; (b) overturn the discharge and send the case back for trial, meaning charges would be framed and a full trial would commence; or (c) order a fresh investigation with directions for the CBI to re-examine the evidence.

ED's continuing case: The money laundering prosecution under PMLA continues independently. This case has its own proceedings, its own evidence, and its own timeline. However, the collapse of the predicate offense (the CBI case) raises a fundamental question about the legal foundation of the money laundering charges. Defense lawyers are expected to challenge the ED case on these grounds.

Political implications: For AAP, the discharge provides a legal vindication that the party will use in its narrative ahead of municipal and future state elections. For the BJP, the CBI appeal and the continuing ED case provide space to argue that the legal process is not over. For the broader political discourse, the case will continue to be cited in debates about the independence of investigative agencies and the use of law enforcement as a political tool.

The Pattern — High-Profile CBI Cases

The Delhi excise case is not the first high-profile CBI investigation to end in discharge or acquittal. Here is a record of past cases where federal charges against prominent political figures did not survive judicial scrutiny:

Case Accused Outcome
Delhi Excise Policy (2026)Kejriwal, Sisodia + 21 othersAll 23 discharged — "conjectural" case
Sohrabuddin Encounter (2014)Amit ShahDischarged — lack of evidence
Aarushi Talwar Murder (2017)Rajesh & Nupur TalwarAcquitted by Allahabad HC
Jain Hawala Case (1990s)20 defendants incl. top leadersAll discharged
2G Spectrum Scam (2017)A. Raja, Kanimozhi + othersAll acquitted by trial court
Context matters: Discharge or acquittal in one case does not mean investigating agencies are always wrong, or always right. The CBI's overall conviction rate stands at 74.59% (2022 data, per PIB) — meaning roughly three-quarters of the cases it takes to trial end in conviction. Each case stands on its own evidence. The pattern above shows that high-profile political cases tend to have lower conviction rates than the agency's average — a fact that can be read multiple ways depending on one's perspective.

The Bottom Line

On February 27, 2026, a Delhi court concluded that the CBI's excise policy case — which led to the arrest of a sitting Chief Minister, kept his deputy in jail for 530 days, and dominated three election cycles — was built on what the judge called "conjectural" evidence. The CBI disagrees and will appeal. The ED's money laundering investigation continues. The CAG's findings of ₹2,026 crore in revenue irregularities remain on record. What the court's 23-person discharge does establish is this: the legal bar for depriving citizens of liberty is higher than the political bar for shaping public opinion — and the gap between the two is where this story lives.

Frequently Asked Questions
Q: Was Kejriwal acquitted or discharged in the excise case?
A: Discharged, not acquitted. The Delhi court found insufficient evidence to even frame charges against Kejriwal and all 23 co-accused — a stronger finding than acquittal at trial, as it means the prosecution's case was too weak to proceed.
Q: Is the ED money laundering case against Kejriwal still ongoing?
A: Yes. The CBI case was discharged but the ED's PMLA (Prevention of Money Laundering Act) case continues separately under different legal provisions. However, legal experts note that the ED case becomes significantly harder without the CBI's predicate offense.
Q: How many days did Manish Sisodia spend in jail?
A: Approximately 530 days in judicial custody before being granted bail by the Supreme Court, without the case ever reaching trial. The Supreme Court observed that his right to a speedy trial had been violated.
Q: How did the excise case affect AAP's election performance?
A: AAP went from 62 seats in the 2020 Delhi Assembly elections to 22 seats in 2025 — a loss of 40 seats. Both Kejriwal and Sisodia lost their individual constituencies. The case dominated three election cycles.