The Delhi High Court on Tuesday listed for hearing on May 25 the CBI's petition against the trial court order discharging all accused persons in the liquor policy case and asked the agency to inform former Delhi chief minister Arvind Kejriwal, his deputy Manish Sisodia and former MLA Durgesh Pathak about the change of bench.
"Let them be intimated that the case has been allocated to this court. So 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," Justice Manoj Jain said.
The CBI's petition assailing the trial court's decision was listed before Justice Jain after Justice Swarana Kanta Sharma released it from her court last week.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others in the liquor policy case, as it ruled that the case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
Subsequently, Kejriwal, Sisodia, Pathak and some other respondents sought Justice Sharma's recusal in the case on an apprehension of bias and conflict of interest.
After Justice Sharma dismissed their applications seeking her recusal in the case on April 20, Kejriwal, Sisodia and Pathak wrote to Justice Sharma, stating they would not appear before her personally or through a lawyer and would follow "Mahatma Gandhi's path of Satyagraha".
On May 14, Justice Sharma, however, initiated criminal contempt proceedings against them and other AAP leader for their "vilifying" social media posts against her and clarified that the matter would be sent to another bench.
During the hearing on Tuesday, Solicitor General Tushar Mehta, appearing for the CBI, stated that trial court order of discharge "cannot withstand scrutiny of any court in the eyes of law."
He also emphasised that the hearing in the case should not be delayed as it concerns a "scam in the capital of the nation."
Noting that three respondents, Kejriwal, Sisodia and Pathak, were unrepresented, Justice Jain deferred hearing till May 25 and said, "Ideal scenario is that everybody is here and everybody is heard."
"They should be here, duly represented by a counsel. We can take this matter further," Justice Jain said.
The judge orally observed that since the matter was already in the news, the unrepresented respondents 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 now before this court and if you have anything to say please tell us," the judge said.
SG Mehta said the agency will inform them as per the court's directions.
