New Delhi: Delhi Chief Minister Arvind Kejriwal did not get immediate relief in alleged Delhi liquor policy scam as the Supreme Court on Friday adjourned the hearing on his pleas to September 5. Kejriwal will have to remain in jail for at least two more weeks.
A bench comprising Justices Surya Kant and Ujjal Bhuyan took up pleas filed by Kejriwal challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi liquor policy scam. The top court scheduled the matter for hearing on September 5, after the CBI sought time to file a counter-affidavit in the matter.
Additional Solicitor General (ASG) SV Raju, representing the CBI, sought time to file a counter-affidavit in one of the petitions filed by Kejriwal. Raju said that CBI has filed a counter-affidavit in the matter but sought time to file another counter affidavit in the matter.
Senior advocate Abhishek Manu Singhvi, representing Kejriwal, submitted that one counter-affidavit was last night at 8 PM with a deliberate design that the same does not reach the bench.
The CBI, in a counter-affidavit, said that as the investigation progressed, it started becoming clear that Kejriwal had a pivotal role in the formulation of the excise policy.
The CBI said the CM was interrogated but he did not cooperate with the investigation and provided evasive responses, which were contrary to the evidence on record. The CBI said the actions of former Delhi Deputy Chief Minister Manish Sisodia were in consultation with and at the behest of the petitioner, the Chief Minister of Delhi, the supremo and the National Convenor of the Aam Aadmi Party.
"The Cabinet, headed by the Petitioner, constituted the GoM with the pre-conceived notion to bring about changes in the retail and wholesale models of the Excise Policy, in total variance to the model suggested by the Expert Committee. Manish Sisodia himself was heading this GoM as the Excise Minister”, said the CBI, opposing relief to Kejriwal.
The CBI stressed that Kejriwal is simply attempting to politically sensationalise the case before the apex court, despite repeated orders passed by various courts being prima facie satisfied of the commission of the offences herein, for which cognisance already has been taken.
The CBI claimed that when confronted with evidence, Kejriwal failed to provide a proper explanation for increasing the profit margin for wholesalers from 5% to 12% under the new excise policy of Delhi for 2021-22, a change made without any justification.
"The profit margin for wholesalers was enhanced from 5% to 12%, thereby incorporating the provisions for windfall gains to the wholesalers. The final GoM report came on 22nd March, 2021, in which the provision of enhanced profit margin of 12% for the wholesalers was incorporated. It must be emphasised that the report retrieved from the computer of Manish Sisodia had a figure of 12% contemplated as a margin. This 12% was modified in the policy as a compensation of the illegal gratification from the South Group”, said the CBI's affidavit.
The CBI said Kejriwal does not hold any ministerial portfolio, including that of excise. However, it emerged over a period of time that all the critical decisions in the formulation of the new Excise Policy were taken at the behest of the Petitioner, in connivance with the then Deputy Chief Minister and Minister of Excise Manish Sisodia, said the central agency, adding that all decisions of the government as well as the party are taken on his concurrence and directions.
The CBI said Kejriwal has been involved in the criminal conspiracy in the formulation and implementation of the Delhi Excise Policy 2021-22, more specifically when any or all decisions of the government and the party were taken only as per his directions.
"He already had the pre-conceived idea of the privatisation of the Excise Policy. He in connivance with other accused persons, deliberately caused the tweaking and manipulation in the Excise Policy 2021-22 and thereby got enhanced the profit margin of wholesalers from 5% to 12% without any rationale, causing undue windfall gains to the wholesalers in lieu of the illegal gratification of INR 100 crores from the South Group, to meet the election related expenses of Aam Aadmi Party at Goa”, said the CBI.
Opposing any relief to Kejriwal, the CBI said: "It was a reasonable apprehension of the CBI that being a prominent politician and Chief Minister of Delhi, the Petitioner is very influential, and he may influence the witnesses and evidences already exposed before him during the custodial interrogation and also the potential witnesses. He would also likely tamper with the evidence to be further collected and may hamper the ongoing investigation".
The probe agency also claims that Kejriwal avoided addressing inquiries about the transfer and utilisation of nearly Rs 44.54 crore in illicit funds by his party during the 2021-22 Goa assembly elections.
Earlier this month, the apex court declined to grant interim bail to Kejriwal and issued a notice to the central agency on his pleas. Kejriwal was arrested by the CBI on June 26 while already in judicial custody at the Tihar Jail in connection with a money laundering case filed by the Enforcement Directorate (ED).
Kejriwal moved the apex court against the Delhi High Court order of August 5. The High Court dismissed his plea against CBI arrest and gave liberty to approach the trial court for bail. Earlier this month, the apex court granted bail to AAP leader Manish Sisodia in the cases registered by CBI and Enforcement Directorate in the Delhi excise policy case. Sisodia was released after suffering from 17-month long incarceration.
