'Excise policy formulated at behest of Kejriwal,' CBI opposes plea by Delhi CM in SC

NEW DELHI: The CBI has claimed before Supreme Court that Delhi Chief Minister Arvind Kejriwal was arrested in excise policy scam case, as all the critical decisions in the formulation of the new excise policy were taken at his behest, in connivance with then Deputy Chief Minister Manish Sisodia for Rs 100 Cr illegal gratification from south lobby.

In an affidavit, the central investigating agency said Kejriwal does not hold any ministerial portfolio, including that of excise, though it emerged over a period of time that all decisions of the government as well as the party are taken on his concurrence and directions.

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. Sisodia himself was heading this GoM as the Excise Minister, the CBI said.

"The petitioner, 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 Rs 100 crores from the South Group, to meet the election related expenses of Aam Aadmi Party at Goa," it alleged.

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, the CBI claimed.

It said the policy was notified on May 25, 2021. Co-accused Butchibabu Gorantla, Abhishek Boinpally and Arun R Pillai had come to Delhi on May 20, 2021 in a Chartered Flight and had a meeting with the accused Vijay Nair, approver Dinesh Arora and some liquor businessman of Delhi at the guest house of Uttam Galva Company situated at Gauri Apartments, near Claridges Hotel, New Delhi on May 21, 2021.

The said guest house was got booked by Bibhav Kumar, PA of the petitioner, it alleged.

"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," the affidavit said.

In its affidavit, the CBI also opposed his plea for bail, contending there was a reasonable apprehension that being a prominent politician and Chief Minister of Delhi, he may influence the witnesses and evidences already exposed before him during the custodial interrogation and also the potential witnesses and may also hamper the ongoing investigation.

The CBI said he was arrested on June 26, after his examination a day before in which he remained evasive and non-cooperative on his role and that of other co-accused in respect of criminal conspiracy hatched, despite confronted with "incriminating materials".

It said after collecting all the necessary materials, the permission was sought to investigate him, which was only received on April 23, 2024.

The CBI also claimed 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 agency also pointed out it had filed the charge sheet in the matter on July 29.

On August 23, Additional Solicitor General S V Raju sought further time from a bench of Justices Surya Kant and Ujjal Bhuyan to file another affidavit in a case filed by Kejriwal against the Delhi High Court's August 5 order finding no illegality in arrest.

The court allowed the CBI's plea and scheduled the matter for hearing on September 5.